Why did Justice Azimah Omar dissent on the adjournment?

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Justice Azimah Omar dissented on the adjournment because the application was made at the last minute and concerned questions of law, not facts.

Justice Azimah Omar dissented from the majority decision to grant Datuk Seri Najib Tun Razak an adjournment, stating that the application was made at the last minute and did not necessitate Najib's presence as the matter involved questions of law. She expressed concern that the delay constituted an inefficient use of judicial time, noting that the judges had already spent three to four hours reviewing the case files.
Application Made at the Last Minute

Justice Azimah highlighted that the application for adjournment was submitted at the eleventh hour. She pointed out that if Najib had intended to seek a postponement due to being on medical leave since July 24, the application should have been filed on that same day. This timing suggested to her that the request was not genuinely due to the medical situation from the outset.
Questions of Law Did Not Require Najib's Presence

The dissenting judge's primary contention was that the substance of the application concerned legal questions rather than factual disputes. Consequently, she argued, Najib's physical presence in court was not a prerequisite for the proceedings to continue. This legal distinction formed a key part of her reasoning against granting the adjournment.
Inefficient Use of Judicial Resources

Justice Azimah further elaborated on her dissent by emphasizing the inefficient allocation of judicial resources. She stated that the judges had dedicated three to four hours to meticulously reading the case files in preparation for the hearing. According to her, this investment of time was rendered unproductive by the last-minute adjournment request, which she deemed an inappropriate use of judicial capacity.

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Why did Justice Azimah Omar dissent on the adjournment?

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