KUALA LUMPUR: The High Court dismissed Health Minister Datuk Seri Dr Dzulkefly Ahmad’s application to recuse Judicial Commissioner Arziah Mohamed Apandi from presiding over his defamation suit against former Prime Minister Datuk Seri Najib Tun Razak.
The case revolves around a Facebook post alleging cronyism.
JC Arziah ruled that Dzulkefly failed to prove any real risk of bias, stating, “The relationship is between my father and the defendant (Najib), not between myself and any party. There is no evidence of any continuing relationship between my father and the defendant beyond a brief court appearance as a witness in 2019.”
She added that her father, former Attorney General Tan Sri Mohamed Apandi Ali, left office in 2018, making any connection to the case “tenuous and historical.”
Dzulkefly had sought Arziah’s recusal, citing alleged bias from her remarks during case management hearings on March 7 and April 7.
He argued that her comments on potentially striking out the case indicated bias.
Additionally, he raised concerns over her familial ties to Apandi, who was appointed by Najib in 2016.
Representing Dzulkefly, counsel Stanley Sabastien Sinnappen argued that these factors created a reasonable apprehension of bias.
However, JC Arziah found no evidence of actual bias, stating, “The application is accordingly dismissed.”
The defamation suit, filed by Dzulkefly in January 2022, stems from a Facebook post by Najib on August 24, 2020, which included a screenshot of a Sinar Harian article.
Dzulkefly claims the post implied he engaged in cronyism by awarding positions to relatives without merit.
Najib, in his defence, argued the post targeted the Pakatan Harapan coalition, not Dzulkefly personally. – Bernama
