Court of Appeal warns Najib’s lawyer on word choice used against Judge Nazlan
PUTRAJAYA (April 6): The lead member of the three-member panel of the Court of Appeal today warned defense lawyer Tan Sri Muhammad Shafee Abdullah about his choice of words to describe the High Judge. Court Mohd Nazlan Mohd Ghazali, judge of Datuk Seri The SRC International Sdn Bhd trial of Najib Razak.
This follows Shafee’s use of words that Judge Nazlan “poisoned his reasons for judgment” by describing his claim that the court incorporated something that was not there in the judge’s findings, when the appeal of a prima facie case, in the final judgment.
Shafee further called up Judge Nazlan as a learned trial judge of bias and questioned his conduct in the way he authenticated the trial notes.
“If the judge gets involved, how can we trust his findings? This shows that the judge can be biased. It is just a trivial law that someone who is supposed to be well versed in the field [who] is hopelessly incompetent can [he] be seen as biased. There is no explanation for the blunder of this kind that had occurred.
“By incorporating something that was not there, the element that was not there – the judge ‘poisoned his reasons for judgment’,” Shafee said.
At this point, Judge Datuk Abdul Karim Abdul Jalil cautioned the lead counsel against his use of the words “poisoned judgment”.
“Please use polite words and do not say ‘poisoned judgment’ to describe where the judge went wrong. You can say he erred in law or misdirected himself, but not the phrase ‘poisoned judgment’, ”the judge said.
To this, the senior lawyer agreed, but said what he could best say was that Judge Nazlan was hopelessly incompetent to deal with the case and, therefore, the former prime minister didn’t may not have had a fair trial.
From the start of Najib’s appeal, Shafee spoke of Judge Nazlan’s inexperience in handling the criminal trial since his transfer from the High Court of Commerce to the High Court’s criminal division “to handle the trial of the century” .
Shafee further lamented that in the past high-profile cases experienced judges have been removed from the Federal Court to hear cases in the High Court, as has been done in the former Selangor menteri besar case. Datuk Seri Harun Idris and former Minister of Youth and Sports Datuk Mokhtar. The trial of Hachim.
Najib was convicted of abuse of authority in approving RM 4 billion loans from the Retirement Fund (Incorporated) (KWAP) in 2011 and 2012 for SRC, and criminal breach of trust (CBT ) RM42 million from funds deposited by the company in its AmBank accounts.
He was also convicted of money laundering of RM42 million.
For these reasons, Judge Nazlan, a graduate judge from the University of Oxford, sentenced the former prime minister to 12 years in prison and fined RM 210 million, resulting in the ongoing appeal. .