Kuala lumpur: The Court of Appeal has postponed the hearing of an appeal by three lawyers, including Datuk Zaid Ibrahim, seeking to challenge a High Court decision that dismissed their defamation suit against the Malaysian Bar. The postponement occurred after Datuk Seri Latifah Mohd Tahar, one of the judges on the panel, recused herself from the case.

According to BERNAMA News Agency, the proceedings began with Justice Latifah revealing that her husband, Datuk Azmi Mohd Ali, is a member of the Bar Council. She inquired if the counsels for both parties had any objections to her participation in the panel, which also included Justices Datuk Dr Choo Kah Sing and Datuk Faizah Jamaludin. Both counsels, Ashok Kandiah for Zaid, Liew Teck Huat, Rueben Mathiavaranam, and Andrew Chiew Ean Vooi for the Malaysian Bar, sought a short adjournment to consult their clients.

Upon resuming, the counsels stated their clients did not question Justice Latifah's impartiality. Nonetheless, Ashok argued that it would be better for her to recuse herself to prevent any appearance of bias. Chiew concurred, emphasizing the importance of not only delivering justice but also ensuring it is visibly carried out. Consequently, Justice Choo declared that the panel lacked the quorum needed to proceed, scheduling July 13 for case management to arrange a new hearing date with a reconstituted panel.

Previously, on May 29 of the previous year, the High Court rejected the defamation suit brought by Zaid, Liew, and Rueben against the Malaysian Bar and its former president, Karen Cheah Yee Lynn, concluding they failed to demonstrate the statements in question were defamatory.

The lawsuit stemmed from alleged remarks by the Malaysian Bar claiming the lawyers had undermined and defamed the justice system while managing former Prime Minister Datuk Seri Najib Tun Razak's final appeal in the SRC International Sdn Bhd fund case. Najib had appointed Messrs Zaid Ibrahim Suflan TH Liew and Partners (ZIST) for his final appeal before the Federal Court but later discharged them within a month.

Najib has been incarcerated at Kajang Prison since August 23, 2022, following the Federal Court's decision to uphold his conviction for misappropriating RM42 million from SRC International. Initially sentenced to 12 years and fined RM210 million, his sentence was reduced to six years and a RM50 million fine after a royal pardon petition on September 2, 2022.