KUALA LUMPUR: A High Court Judicial Commissioner yesterday recused himself from hearing the inter parte injunction by Datuk Seri Najib Tun Razak to restrain Petaling Jaya Utara member of parliament Tony Pua Kiam Wee from defaming him in relation to a video clip posting on Facebook.
Najib’’s lawyer, Datuk Mohd Hafarizam Harun told reporters that Judicial Commissioner Datuk Wan Ahmad Farid Wan Salleh had recused himself when the case was mentioned in chambers yesterday in the presence of Pua’’s lawyer, Gobind Singh Deo.
Wan Ahmad Farid in his two-page statement, which was made available to the media, said he made a decision to recuse himself on grounds that he was an active politician and at one time a member of the administration and Dewan Negara.
He said for the record, on the eve of his appointment to the bench, he had resigned from the political party that he used to be a member of.
“I must add that I was never a member of the administration that was headed by the plaintiff (Najib). After taking my oath as a member of the judiciary, my only sacred duty is to preserve, protect and defend the Federal Constitution without fear or favour,” he said in the statement.
Wan Ahmad Farid said the incidence of his political involvement happened only “fair recently” and the public perception of the independence of the judiciary should not be shaken in anyway.
“Not only must justice be done, it must also be seen to be done. As they say, the precious gift to any society is an independent judiciary. Once it is lost, the society will be on the verge of collapse. The independence of the judiciary must be defended at any costs.
“For the reasons aforesaid, although there was no request made by any of the parties herein, I am inclined to recuse myself from hearing this case and I so do. In order to maintain the status quo, and by consent of the parties herein, I am extending the interim injunction until a new judge is appointed to hear this case,” he said.
Meanwhile, Mohd Hafarizam said the court had fixed May 31 for case management before the High Court deputy registrar.
On April 21 this year, High Court judge Abu Bakar Jais allowed Najib’’s application for an ex parte injunction to prevent Pua from publishing the same or similar words as contained in the latter’’s statement.
Najib applied for the ex-parte injunction based on personal concern for the extent of damage that Pua’’s slanderous statement could do with regard to his position as prime minister, finance minister as well as leader of a political party.
On the same day, Najib in his personal capacity sued Pua for slander in regard to Pua’’s live video statement about the tabling of the Syariah Courts (Criminal Jurisdiction) Act 1965 Bill (RUU355).
In his statement of claim, Najib said Pua made a statement at the Parliament building lobby on April 6, which was recorded and uploaded by the defendant and/or his agents in his official Facebook, ‘’Tony Pua’’.
The plaintiff claimed the two minutes and 21 seconds video clip titled, “BN Govt abandons all Bills to give precedence to PAS RUU355 Private Member’’s Bill”, could be widely and freely accessed through the Internet.
Najib alleged that the defendant’’s statement had specifically referred to him and could be taken to mean that he had abused his power by giving an order through the Cabinet to the Dewan Rakyat Speaker to allow the motion by the Marang member of parliament on the Private Member’’s Bill and to set aside other Bills.
He alleged that the statement could also be taken to mean that he had ignored the doctrine of separation of powers between the Executive, Legislative and Judiciary, had conspired with PAS to split Malay votes among the opposition parties, and a leader who practised dirty politics to hang on to power. Najib said the statement had seriously defamed and caused him to be brought into public scandal, odium and contempt. — Bernama