Former de facto Law Minister Zaid Ibrahim, along with two other parties today applied to recuse Chief Justice (CJ) Md Raus Sharif from hearing their appeal over the decision by Attorney-General Mohamed Apandi Ali to not prosecute Prime Minister Najib Abdul Razak. 

The two other parties are former Umno member Khairuddin Abu Hassan and the Malaysian Bar. 

The application was made at the Federal Court, on the common ground that Najib advised to the appointment of the CJ.

This was related by Zaid's counsel Gopal Sri Ram, who is a former Federal Court judge, before a three-member apex court bench.

Gopal said the main target of this appeal is the PM, as the allegation made are very serious and the present Attorney-General has made a decision on the matter and a charge has been framed.

He pointed out that he had brought this (the recusal) to the attention of the registrar.

"We respectfully submit in the best interest of the judiciary and public perception that the chairperson of the bench is assigned to someone else," he said.

The Malaysian Bar, led by Tommy Thomas, provided three further grounds, namely that Raus could be a defendant in the Bar's application to challenge his extension as CJ, and that they are holding an extraordinary general meeting (EGM) on August 3 over the CJ's tenure extension, and thirdly, the Attorney-General, who is the subject matter in the appeal, would represent the CJ in any application. 

Thomas said the person whose conduct in the 1MDB scandal being questioned is the PM, and all the allegations are made against him.

"He (the PM) has made a constitutional role in the appointments (of Raus and President of Court of Appeal Zulkefli Ahmad Makinudin).

“Justice must not only be done but must be seen to be done,” said Thomas.

This is the first time lawyers have asked a sitting CJ to be recused from hearing a matter.

Senior federal counsel Amarjeet Singh who appeared for the AG's Chambers, objected to the application for recusal on grounds that the PM had recommended the appointment of judges in the High Court, Court of Appeal and Federal Court.

He said if such requests were to be entertained, there will be more recusal applications. 

"There is no need for the CJ to recuse himself," he said

 

Justice Raus, who led the three-member bench, dismissed the objection, saying it has been a practice that he will decide cases based on the law. 

The other two judges were Chief Judge of Malaya Justice Ahmad Ma'arop and Federal Court judge Justice Azahar Mohamed.

Earlier this month, the Prime Minister's Office (PMO) had announced Raus and Zulkefli's appointments as additional judges, at the request of former CJ Arifin Zakaria. The PMO also announced that Raus and Zulkefli will be retained as the CJ and Court of Appeal president, respectively. 

Malaysian Bar president George Varughese told reporters that they made the application (for recusal) on grounds that Bar's would be convened EGM next Thursday would discuss Raus' "unconstitutional" appointment. 

"We took a position that we may challenge the appointments if he (Raus) does not decline (the appointments). Hence, he would be named a party in the suit. 

"We felt that it is best if the CJ did not sit in the matter. However, he has declined," said Varughese.