Application to recuse judge fails, hearing of Ku Nan’s trials proceed

Application to recuse judge fails, hearing of Ku Nan’s trials proceed

KUALA LUMPUR: The High Court ordered the RM1 million graft trial against former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor (better known as Ku Nan) to proceed as scheduled before Justice Mohd Nazlan Mohd Ghazali.

This came after Justice Nazlan dismissed Ku Nan’s bid to recuse the former from hearing the case.

The former minister filed the application after the judge convicted businessman Datuk Tan Eng Boon and fined him RM1.5 million for abetting the former minister to receive a bribe.

Justice Nazlan dismissed Ku Nan’s application as it was devoid of merit.

“The defence say that the applicant (Ku Nan) would be prejudiced as I presided in the conviction and sentencing of Tan, who would be called as a prosecution witness.

“This argument is without basis as the court would consider the evidence based on the facts and evidence in the case. Furthermore, the accused through his lawyers could subject Tan to cross-examination.

“Besides this, if the matter is brought before another judge, the judge would have to consider the prosecution’s case based on the same facts and evidence produced by the prosecution. Considering the circumstances, that I would be influenced to the detriment of the applicant is not sustainable and the trial should go on,” ruled the judge.

Justice Nazlan also dismissed Ku Nan’s lawyer Datuk Tan Hock Chuan’s application for a stay of proceedings pending an appeal of the decision.

The prosecution led by deputy public prosecutor Julia Ibrahim is now producing an amended charge to the former minister as he maintains his not guilty plea.