JUDGMENT

Zaleha Zahari JCA:

[1] Consequential upon this court's decision to dismiss the appellant counsel's oral application to recuse members of this panel from hearing this appeal, counsel for the appellant, Encik Haris bin Mohamad Ibrahim, informed the court that he intends to lodge an appeal to the Federal Court against that decision. My reasons for dismissing the oral application to recuse are as follows:

[2] What transpired when this appeal was called for hearing on 19 September 2007 was this. The appellant's counsel informed the court that at case management stage before the registrar, he had applied for this appeal to be fixed for hearing before a panel of non-Muslim Court of Appeal judges. As all of the members of this panel convened to hear the cases listed on that day (including this appeal) were all Muslims, he is seeking an adjournment to enable him to file a formal application for this appeal to be fixed for hearing before a panel of judges who are not of the Islamic faith. The appellant's counsel's objection is a general one, that of a class, ie, all Court of Appeal judges of the Islamic faith. Alternatively, it may be construed as the appellant's preferred choice as