PUTRAJAYA, Aug 23 — Ad hoc prosecutor Datuk V. Sithambaram today stressed that the Federal Court is "not a circus", after the defence sought to present a different lawyer on record to argue for the recusal of Chief Justice Tun Tengku Maimun Tuan Mat from hearing Datuk Seri Najib Razak's in his final appeal hearing over his conviction of misappropriating funds from SRC International Sdn Bhd.
Earlier, lawyer Datuk Firoz Hussein Ahmad Jamaluddin had requested to argue on behalf of Najib, after the court earlier rejected Tan Sri Muhammad Shafee Abdullah's bid to adjourn the hearing for "24 hours" to make necessary preparations for Najib's recusal application.
It is understood that Firoz Hussien is not a defence lawyer on record in the current appeal hearing. Najib's lead counsel Hisyam Teh Poh Teik is the only lawyer who remains on record.
Hisyam had earlier told the court Firoz Hussien will take over submissions after concluding his arguments on why Tengku Maimun should recuse herself from hearing the appeal.
Sithambaram, who is leading the prosecution, then stood up in objection as Firoz Hussein walked from the public gallery towards where the defence was seated.
"This is a court of law, not a circus. We can't have people walking in and out, there ought to be decorum," he said.
Firoz Hussein then informed the court that he wished to obtain further instructions from Najib and asked for the court to allow him the opportunity to present his arguments after lunch recess.
Tengku Maimun then said there was no need for further submissions to be made on the recusal application since Hisyam had presented a comprehensive argument earlier.
She then ordered the court to stand down to decide on the recusal motion.
Earlier today, Najib filed an application to recuse Tengku Maimun from hearing the appeal on grounds that her husband, Datuk Zamani Ibrahim, had expressed "negative sentiments” in a Facebook post following the 14th general election.
Najib had claimed Zamani would have influenced the thinking of Tengku Maimun as to his alleged culpability due to the nature of their spousal relationship.
The Court of Appeal had on December 8, 2021 upheld the High Court’s July 2020 verdict and sentence of 12 years in prison and a fine of RM210 million meted against Najib.
Najib had been found guilty of one count of abuse of power, three counts of criminal breach of trust, and three counts of money laundering.
A hearing in the country’s supreme court has been scheduled to take place over nine days, starting August 15 until August 19 and will resume today until August 26.
