Rosmah's lawyer argues judge erred in refusing to recuse himself
The Court of Appeal was told today that a High Court judge had erred in refusing to recuse himself from presiding over Rosmah Mansor's corruption trial involving the RM1.25 billion solar hybrid project in Sarawak.
Counsel for Rosmah, Jagjit Singh, submitted that the then High Court Judge, Zaini Mazlan (now elevated to the Court of Appeal), ought to have disqualified himself from hearing the case after he allegedly instructed the court's Research Unit to prepare a draft judgment before the delivery of his decision.
'The judge erred in...
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New Straits Times
14 hours ago
- New Straits Times
NFA in Teoh Beng Hock case: DAP seeks clarification from A-G
KUALA LUMPUR: DAP has called on Attorney-General Tan Sri Mohd Dusuki Mokhtar to provide a detailed explanation for his decision not to pursue criminal charges in the case involving the death of political aide Teoh Beng Hock. In a joint statement issued by DAP national chairman Gobind Singh Deo and secretary-general Anthony Loke Siew Fook, the party expressed disappointment over the Attorney-General's decision to classify the case as "no further action" (NFA), despite previous court rulings that pointed to foul play. "The Attorney-General must explain why he believes there is insufficient evidence to prosecute anyone for Teoh Beng Hock's death, especially in light of the findings of the Court of Appeal and civil proceedings," the statement read. According to DAP, the case was referred to the Attorney-General by police on May 21 and was subsequently classified as NFA. A letter dated May 30 was later sent to the family's legal representatives, stating that the investigations did not uncover sufficient evidence to support a criminal prosecution. Teoh, who was a political aide to a Selangor state executive councillor, died in 2009 while in the custody of the Malaysian Anti-Corruption Commission (MACC). "DAP has been consistently calling for accountability in the case. "The party previously assembled a legal team that initiated an inquest into Teoh's death, which revealed bruising on his neck. "However, the 2011 Coroner's Court returned an open verdict." Subsequent legal challenges saw the Court of Appeal overturn the Coroner's decision, concluding in 2014 that Teoh's death resulted from "an unlawful act or acts of persons unknown, inclusive of MACC officers who were involved in the arrest and investigation." In a related civil suit, the government and MACC admitted liability for negligence, resulting in a RM600,000 settlement to Teoh's family, along with RM60,000 in costs. "These court decisions form a solid basis for further investigation to identify those responsible for Teoh Beng Hock's death. "Whilst the duty to investigate the case and to identify those responsible lies with the police, it is for the Attorney-General to decide his next step based on that investigation," the statement added. The party also voiced its support for the family's reported move to challenge the NFA decision via a judicial review. "We call upon the Attorney-General to reconsider his decision and move forward with pressing charges against those responsible, without further delay."
Daily Express
17 hours ago
- Daily Express
DAP urges AG to explain NFA decision on Teoh Beng Hock case
Published on: Sunday, June 08, 2025 Published on: Sun, Jun 08, 2025 By: FMT Reporters Text Size: Gobind (right) and Loke. - Filepic by Yusof Mat Isa | Malay Mail PETALING JAYA: DAP has called on Attorney-General Dusuki Mokhtar to explain in detail why he thinks there is insufficient evidence to prosecute anyone for criminal offences involving the death of former political aide Teoh Beng Hock. In a joint statement today, DAP chairman Gobind Singh Deo and secretary-general Loke Siew Fook also urged Dusuki to review the decision by the Attorney-General's Chambers to classify the investigation into Teoh's 2009 death as requiring no further action, or NFA. Advertisement 'The attorney-general, and no one else, has the discretion to prosecute under the Federal Constitution,' they said. 'He must explain why he is unable to do so in this case, particularly in light of the decisions of the Court of Appeal and civil proceedings in the High Court.' Gobind and Loke said DAP has been consistent in its call for action to be taken against those responsible for Teoh's death. The statement follows a letter dated May 30 from Dusuki to the family's legal representative, Ramkarpal Singh, seeking to explain the AGC's rationale for classifying the case as NFA. Advertisement In the letter, Dusuki said there was 'insufficient evidence' to support a criminal prosecution. Teoh died on July 16, 2009 at the fifth floor of Plaza Masalam in Shah Alam after being questioned for hours by the Selangor Malaysian Anti-Corruption Commission headquarters. Last month, police informed Teoh's family that their latest investigation into the case had been classified by the AGC as NFA. On Nov 21 last year, the High Court directed the police to complete their long-delayed investigation into Teoh's death. At an inquest, the coroner returned an open verdict. However, the Court of Appeal ruled in 2014 that the death was caused by 'one or more persons unknown', including MACC officers. In 2019, police launched an investigation under Section 342 of the Penal Code for wrongful confinement. Before 2018, two special investigation teams had been set up – one in 2011 and the other in 2015 – to look into the incident, but both cases were classified as NFA by the public prosecutor. Gobind and Loke noted that DAP assisted Teoh's family in a civil suit which resulted in the government and the MACC admitting liability for negligence leading to Teoh's death. An award of RM600,000 was made to the family, with costs of RM60,000. They said both the findings of the Court of Appeal and the civil court provided a basis for the police to conduct further investigations into the search for the perpetrators behind Teoh's death. 'While the duty to investigate the case and to identify those responsible in this case is with the police, it is for the attorney-general to decide his next step based on the police's investigations,' they said. Noting that Teoh's family is considering challenging the NFA in court by way of judicial review, Gobind and Loke said they support the action. 'We also call upon the attorney-general to review his decision and push ahead with charges against those responsible for Teoh Beng Hock's death without further delay,' their joint statement added. - FMT * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Free Malaysia Today
19 hours ago
- Free Malaysia Today
Top courts in ‘slow mode' with heads' tenures ending soon, say sources
Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Abang Iskandar Abang Hashim and Justice Nallini Pathmanathan are waiting to hear if their tenures will be extended. PETALING JAYA : The pace of administrative functions in the Federal Court and Court of Appeal appears to have slowed down as speculation intensifies about whether the tenures of the nation's two top judges will be extended, sources said. Chief Justice Tengku Maimun Tuan Mat will go on mandatory retirement on July 1, while Court of Appeal President Abang Iskandar Abang Hashim, leaves office a day earlier, as both reach the mandatory retirement age of 66. Sources said that, except in respect of the hearing and disposal of cases, the uncertainty has hampered Tengku Maimun and Abang Iskandar in the performance of their duties. As head of their respective courts, they are tasked with empanelling judges to hear appeals, leave and other applications, which are done in advance. They are also required to respond to correspondence. 'Now it appears to be done on an urgent need-to-do basis as it is anyone's guess whether the two judges will get the six-month extension,' one source added. Former Malaysian Bar president Salim Bashir said even the Judicial Appointments Commission's monthly meetings could come to a grinding halt as the chief justice is its chairman, while the Court of Appeal president acts in her absence. 'Any vacuum and uncertainty surrounding the extensions of these two critical judicial positions will impede the commission from executing legally mandated duties,' he said. On May 20, Tengku Maimun told the media the judiciary was still awaiting formal confirmation as to whether the her tenure as well as that of Abang Iskandar and senior Federal Court judge Nallini Pathmanathan would be extended. Nallini will go on mandatory retirement on Aug 22. Prime Minister Anwar Ibrahim had said the government is mulling extending their tenures after the National Human Rights Society of Malaysia (Hakam) expressed concern over the delay. On Thursday, Malaysian Bar vice-president B Anand Raj said it was also troubled by the current state of affairs, claiming it was unusual for the chief justice, the Court of Appeal president and senior Federal Court judges not to be granted the extension. Article 125 of the Federal Constitution states that superior court judges shall hold office until age 66, but their tenure can be extended for up to six months by the Yang di-Pertuan Agong. Earlier this year, the king granted extensions to five judges of the apex court, including Chief Judge of Malaya Hasnah Hashim and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli. A retired apex court judge, who spoke on condition of anonymity, said there was no fixed time frame for when judges would be informed about whether their tenures would be extended, but said it usually takes place two months before their mandatory retirement date. Lawyer Syed Iskandar Syed Jaafar said the overall workings of the constitutional scheme points to the prime minister who advises the king on appointments, promotions and extensions. 'Granting extensions does not come as part of the constitutional monarch's discretion like appointing the prime minister or withholding consent or request for the dissolution of Parliament,' he said. Syed Iskandar expressed hope that the top judges would be given extensions or that the positions would be filled expeditiously. 'The position of the Chief Judge of Malaya was left vacant for nine months last year, with the Court of Appeal president performing the duties and functions of the role on an interim basis. There should not be a repeat for the top two positions,' he said. Lawyer A Srimurugan said Tengku Maimun, the first woman to be appointed as chief justice, had toiled hard to put the Malaysian judiciary on a positive note, especially in delivering groundbreaking and progressive judgments over the last six years. 'The government must ensure the public perception of judicial integrity and competence of judges is not compromised,' he added.
