Dzulkefly's bid to recuse Apandi's daughter from libel suit dismissed
KUALA LUMPUR : The High Court has dismissed health minister Dzulkefly Ahmad's bid to recuse the judicial commissioner currently presiding over his RM5 million libel suit against former prime minister Najib Razak.
Judicial Commissioner Arziah Apandi held that the plaintiff had not demonstrated a credible risk of bias arising either from her judicial remarks or her familial connections with former attorney-general Apandi Ali.
Earlier, the plaintiff's lawyer Stanley Sabastien Sinnappen submitted that statements made by Arziah during case management on March 7 and April 7 – that the suit would be struck off if no settlement was reached and no notice of withdrawal filed – amounted to a real danger of bias.
The parties had, in March, informed the court that they were working towards an amicable solution.
Stanley further raised concerns that Arziah being the daughter of Apandi – appointed attorney-general in 2016 during Najib's administration – had created actual bias or reasonable apprehension of bias.
Delivering her broad grounds of judgment, Arziah said the plaintiff's contention had no basis.
She said the statements made during case management were standard directions aimed at preventing cases from remaining dormant, not expressions of partiality.
'Courts routinely make such directions to prevent cases from remaining dormant indefinitely,' she said.
Addressing her relationship with Apandi, Arziah stressed that there was no evidence of any continuing relationship between her father and Najib beyond a brief court appearance as a witness in 2019.
She said Apandi ceased to hold the office of attorney-general in 2018 and that any connection he had with the litigation was tenuous and historical.
She also said familial relationships alone were insufficient to justify her recusal as it did not create a real danger of bias.
'Familial connections between members of the judiciary and legal professionals are common and do not automatically give rise to bias.
'Children of judges regularly appear before courts without raising concerns,' she said.
Arziah dismissed the application with costs which will be decided at the end of the proceedings.
Case management is set for Aug 13.
Dzulkefly filed the suit in his private capacity on Dec 31, 2021, over Najib's claim that he had practised nepotism by securing the appointment of his daughter, Nurul Iman, to the board of Amanah Ikhtiar Malaysia two years earlier.
In his statement of claim, the Kuala Selangor MP alleged that Najib's Facebook post on Aug 24, 2020, subsequently reported by a Malay daily, had defamed him.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
2 hours ago
- Free Malaysia Today
In election pledge, Warisan offers to write off student debts
Warisan president Shafie Apdal congratulating high-scoring secondary school students at an event in his constituency of Semporna, Sabah, today. (Facebook pic) PETALING JAYA : Warisan has promised to write off outstanding student loans taken by Sabahans should the party form the state government after the coming state elections. Party president Shafie Apdal, a former chief minister, also promised free education for the people of Sabah should Warisan win in the next state election, the Jesselton Times reported. He also reiterated that he would restructure Yayasan Sabah. 'I will ensure that all wealth returns to Yayasan Sabah, and I will provide free scholarships if this foundation has sufficient funds for the underprivileged children of Sabah. 'I will also abolish loans for government officials, whether they are currently serving or retired, who have debts with Yayasan Sabah,' he was quoted as saying. His offer would also apply to those who took student loans from the National Higher Education Fund Corporation (PTPTN). Separately, Malaysiakini reported Shafie as saying that Warisan would also provide full scholarships for Sabahans wishing to further their studies at universities once the state's finances are secure, calling it an investment in the next generation. He said the scholarships would target key disciplines such as engineering and medicine. The Sabah state assembly's five-year term expires on Nov 11, unless dissolved sooner. Elections must be held within 60 days of dissolution.
Free Malaysia Today
2 hours ago
- Free Malaysia Today
BN aims to contest 1 state seat in every Sabah parliamentary constituency
BN deputy chairman Mohamad Hasan said representation across Sabah will lift the spirits of party members and make them feel included in the process. (Bernama pic) PETALING JAYA : Barisan Nasional wants to contest at least one state seat in every parliamentary constituency in Sabah in the coming state election, says its deputy chairman, Mohamad Hasan. Mohamad, who is also the Umno deputy president, said this is a key demand from the Sabah Umno-BN leadership, aimed at ensuring the party has representation and relevance across the state, Berita Harian reported. 'In the last state election, there were several parliamentary areas that had no BN candidates at all. This dampened the morale of the Umno-BN members and machinery as they had no role to play during the election. 'When people are not given the opportunity, some become disheartened and eventually leave the party, and that's not good,' he said. He was speaking to reporters after officiating the joint Umno divisional delegates' meeting, including its Wanita, Youth and Puteri wings, in Membakut today. Mohamad said BN should be allocated at least one seat to contest in constituencies with two or three state seats. 'This would lift the spirits of our party members and make them feel included in the process,' he said. Mohamad said the proposal would be discussed at the top level through Umno's negotiation committee and among the secretaries-general of the BN component parties. 'This is my message to the secretaries-general … do not disregard this request. Every parliamentary seat must have at least one BN candidate,' he said. Also present was Umno Supreme Council member and Kimanis MP Mohamad Alamin.
Free Malaysia Today
2 hours ago
- Free Malaysia Today
Sarawak to be first state with diversity unit
Sarawak premier Abang Johari Openg at the launch of a women's day celebration in Kuching today. (Ukas pic) PETALING JAYA : Sarawak will be the first state in the country to set up a diversity, equality and inclusivity unit, premier Abang Johari Openg revealed. The unit, known as D2EI for diversity, equality, equity and inclusivity, will be set up in the state department of women and family development, The Borneo Post reported. Abang Johari said the D2EI principles are in line with his administration's post-Covid-19 development strategy, which emphasises inclusivity. He also believes that these values could help raise household income and reduce poverty across the state over time. For now, Abang Johari said the state government hopes to boost the involvement of women in high-growth sectors, by providing support in the form of economic grants, digital entrepreneurship training and startup assistance. 'We have asked the banks to assist us in investment-related efforts, including lifelong learning opportunities. This will certainly empower women more comprehensively in line with the D2EI values,' he was quoted as saying. This is not the first time Sarawak has introduced progressive policies. In 2023, it became the first state in Malaysia to have an ombudsman law. DEI policies, whose origins date back to the US civil rights movement, made headlines after US president Donald Trump issued an executive order after taking office in January directing government agency chiefs to dismantle DEI policies at federal agencies, federal contractors and in the private sector.
