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.