Day 6 Court Decision On Najib Src Case By End March

---

 


The Federal Court hearing of Najib Abdul Razak’s review application to quash his guilty verdict and sentence in the RM42 million SRC International corruption case enters the sixth day.
The five-person Federal Court bench, headed by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, is expected to continue hearing rebuttal submissions from lead deputy public prosecutor, V Sithambaram today.
Thank you for following our updates from time to time.
KEY HIGHLIGHTS
Federal Court reserves judgement, to decide by March 31
‘Rectify the mistakes’, Shafee says
Shafee: CJ’s spouse declared hatred against ex-PM
SRC International was ‘fastest trial ever’ - Shafee
Federal Court didn’t fully scrutinise Najib’s grounds for appeal - Shafee
Najib wrongly blamed for alleged etiquette breach by lawyer - Shafee
Najib's SRC International review decision by March 31
4.07pm: The apex bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli reserves its judgment in Najib Abdul Razak's review application in the RM42 million SRC International corruption case.
“We will decide on a date to be fixed later. All parties will be notified. Decision date no later than March 31," Rahman announces.
Apex court reconvenes
4.04pm: The Federal Court reconvenes after a brief stand down.
Apex court stands down temporarily
3.53pm: The apex bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli directs for proceedings to stand down for a short while.
Shafee wraps up oral submissions, calls for ‘mistakes to be rectified’
3.30pm: Lead defence counsel Muhammad Shafee Abdullah wraps up his oral submissions, after calling on the present Federal Court bench - chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli - to "rectify the mistake” of the previous apex bench led by Chief Justice Tengku Maimun Tuan Mat.
"This is so that the public can view this court as the real appellate court that would not compromise on the issue of justice," Shafee says in closing submissions as former prime minister Najib Abdul Razak looks on from the dock.
Muhammad Shafee Abdullah"We are here before this court as the court is seized with the jurisdiction and power to rectify the decision made by the Federal Court.
“By allowing this review, for where lies the integrity of a decision which is impugned in itself. If that decision is not remedied, the wrong decision will replicate and mutate...thus leading to another genus of floodgates of the wrong kind.
“The injustice and prejudice which flows from the current predicament that the applicant (Najib) faces are indeed grave, the right to a fair appeal deprived. The utter finality of the Federal Court judgements should this review be rejected is daunting and accordingly, we pray Your Lordships and Ladyships for an order in terms for this review to be allowed," Shafee says.
Deputy public prosecutor V Sithambaram then stands up to raise a few clarifications over some issues earlier raised by Shafee.
Public finds no comfort in CJ’s spouse ‘unkind’ remark against Najib - Shafee
2.30pm: Lead defence counsel Muhammad Shafee Abdullah argues that the public finds no comfort that the spouse of Chief Justice Tengku Maimun Tuan Mat made an "unkind" remark against Najib Abdul Razak over four years ago.
Shafee contends this was because justice should not only be done but seen to be done in relation to Tengku Maimun heading the previous apex court bench that dismissed the former prime minister's appeal in the RM42 million SRC International corruption case last year.
The lawyer is relying on the Facebook post made by Zamani Ibrahim - uploaded on May 11, 2018 - to back his assertion of a conflict of interest against Tengku Maimun.
"The perception of the public... was it a fair trial or not? Not a question on whether the chief justice was truly biased," Shafee says before the present Federal Court panel led by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.
The present apex panel is hearing Najib's application to review the previous Federal Court verdict on Aug 23 last year that upheld his guilty verdict as well as a 12-year jail sentence and RM210 million fine.
Apex court resumes after lunch break
2.01pm: The Federal Court reconvenes after lunch break, with lead defence counsel Muhammad Shafee Abdullah continuing his oral submissions.
Shafee: CJ’s husband declared hatred against Najib
1.01pm: Lead defence counsel Muhammad Shafee Abdullah contends that a Facebook posting by Chief Justice Tengku Maimun Tuan Mat’s husband on May 11, 2018, before the 14th general election, amounted to a public declaration of hatred against then prime minister Najib Abdul Razak.
In arguing over Tengku Maimun’s alleged conflict of interest in hearing Najib’s SRC International appeal in a previous apex court bench last year, Shafee claims that the top judge should have known about the public post and asked the former prime minister’s counsel whether she should recuse herself from the panel.
“Zamani Ibrahim (Tengku Maimun’s husband) declared hatred in public of Najib. This is a public declaration of hatred against Najib and this is the husband of the Chief Justice.
“This was available to all Malaysians from 2018 until 2022,” Shafee says, further claiming that Tengku Maimun did not make this disclosure prior to Najib’s then legal team filing the recusal bid against her on Aug 22 last year. 
On Aug 23 last year, the apex bench chaired by Tengku Maimun last year not only dismissed the recusal bid but also upheld the SRC conviction and sentencing against Najib.
The apex court then breaks for lunch and will resume at 2pm.
Apex court proceedings resume
11.54am: The Federal Court hearing resumes, with former prime minister Najib Abdul Razak entering the dock.
His wife Rosmah Mansor, with a pink shawl over her shoulder, is seen seated in the public gallery - following oral submissions by lead defence counsel Muhammad Shafee Abdullah.
Apex court adjourns for short break
11.35am: The Federal Court adjourns for a short break.
SRC International was ‘fastest trial ever’ - Shafee
11am: Lead defence counsel Muhammad Shafee Abdullah contends that Najib Abdul Razak's RM42 million SRC International corruption trial was the "fastest trial ever conducted".
In countering the prosecution's contention that there was an attempt by Najib through his lawyers to delay proceedings, Shafee says the SRC case at High Court began on April 3, 2019, and the verdict was delivered on July 28 2020.
Shafee points out that the legal teams, whether himself or the former prime minister's then-legal team comprised of counsel from the law firms of Hisyam Teh Poh Teik and Zaid Ibrahim, had acted professionally and never tried to delay via adjournment bids at any stage of the case.
Shafee says that the Court of Appeal decided on Najib's appeal on Dec 8, 2021, before the matter went up to the Federal Court.
‘Apex court never asked Najib when counsel sought discharge’
10.45am: Lead defence counsel Muhammad Shafee Abdullah contends that the previous apex court bench chaired by Chief Justice Tengku Maimun Tuan Mat never asked Najib Abdul Razak when the former premier's then-counsel sought to discharge himself last year.
Shafee is referring to the previous bench denying an application by Najib's then-lawyer Hisyam Teh Poh Teik to discharge himself from the SRC International graft appeal last year.
Hisyam Teh Poh Teik"In this case, the Federal Court did not ask my client anything," Shafee says, explaining that this was why Najib was forced to give a statement from the dock over the issue, prior to the then apex bench dismissing his appeal.
Shafee contends this shows that Najib’s right to a fair trial has been violated.
Last year, Hisyam sought a discharge after the-then apex court denied an earlier application to adjourn the appeal hearing so that the new legal team could prepare for it.
Apex court didn't fully deal with 94 grounds of Najib's appeal: Shafee
10.17am: Lead defence counsel Muhammad Shafee Abdullah contends that the previous Federal Court bench did not fully scrutinise the 94 grounds of appeal advanced by Najib Abdul Razak in his appeal in the RM42 million SRC International corruption case.
Shafee submits that the High Court judgement on the case itself (which found Najib guilty and sentenced him) was 850 pages, and the Court of Appeal judgment (which dismissed Najib's appeal) was 300 pages.
The judgement by the previous Federal Court bench - which upheld the former prime minister's conviction and sentencing last year - was around 20 or so pages.
‘Najib wrongly blamed over alleged breach of lawyer's etiquette’
10.06am: Lead defence counsel Muhammad Shafee Abdullah contends that the previous Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat wrongly blamed Najib Abdul Razak over an alleged breach of etiquette by the former prime minister's previous solicitors.
Shafee tells the present apex bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli that the previous bench cannot blame Najib if there had been any transgression of the rules of etiquette by the previous legal team.
Muhammad Shafee Abdullah"The net effect was that the Federal Court (last year) denied Najib the right to be heard and to have his appeal fully heard," Shafee says.
On Aug 23 last year, the then apex court dismissed Najib's appeal to quash his conviction as well as a 12-year jail sentence and RM210 million fine in the RM42 million SRC International corruption case.
Among the crux of Najib's review application was that the previous apex bench erred in not allowing an application by the former finance minister's then-legal team to adjourn the appeal hearing so they could prepare for it.
Apex court hearing resumes
9.51am: Former prime minister Najib Abdul Razak enters the dock as the Federal Court proceedings begin.
Lead defence counsel Muhammad Shafee Abdullah is expected to resume his oral submissions.
Najib in court
9.30am: Former prime minister Najib Abdul Razak is seen seated in the public gallery and surrounded by a group of Kajang Prison officers, awaiting the apex court hearing to begin.
When the proceedings begin, Najib, clad in a blue suit and tie, would enter the dock.
Shafee enters apex court
9.10am: Lead defence counsel, Muhammad Shafee Abdullah enters the Federal Court to await for proceedings to begin.
Yesterday, the five-person Federal Court bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli directed for proceedings to begin around 9.30am today.
Prosecution, defence teams arrive in court
9am: Deputy public prosecutor V Sithambaram and other members of the prosecution team are seen in the apex court, waiting for proceedings to begin.
Deputy public prosecutor V SithambaramAlso seen in court are defence counsel Muhammad Farhan Muhammad and other members of the defence team.
Najib Abdul Razak’s legal team is expected to wrap up oral submissions as the apex court hearing of the former prime minister’s review application in his RM42 million SRC International corruption case enters the sixth day today.
Lead defence counsel Muhammad Shafee Abdullah would continue where he left off yesterday, namely that the previous Federal Court bench, chaired by Chief Justice Tengku Maimun Tuan Mat, wrongly blamed Najib over last year’s change of counsel prior to the hearing of the SRC appeal, among other arguments.
Among the grounds for the review bid was that the Tengku Maimun-led panel last year did not allow an application by Najib’s then legal team - comprised of Hisyam Teh Poh Teik and counsel from Zaid Ibrahim’s law firm - for an adjournment of the appeal hearing so they could be properly prepared to argue the appeal.
Chief Justice Tengku Maimun Tuan MatPrior to the Federal Court hearing on Najib’s appeal in August last year, Najib had switched legal teams from Shafee to the then new batch of lawyers for his appeal in the case involving one count of abuse of power, three counts of criminal breach of trust, and three money-laundering charges linked to RM42 million of funds from SRC International.
On Aug 23 last year, the Federal Court bench chaired by Tengku Maimun dismissed Najib’s appeal and upheld his guilty verdict and 12-year jail sentence as well as the RM210 million fine.
Presently hearing the review is a five-person apex bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and is comprised of Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang, and Nordin Hassan, as well as Court of Appeal judge Abu Bakar Jais.
In the event that Shafee manages to wrap up oral submissions, the Federal Court could either make a decision later today or set another date to deliver the verdict on the review.
Incarcerated at the Kajang Prison, Najib is also pursuing other avenues outside the judiciary, namely a petition for royal pardon as well as a petition before the United Nations over his alleged arbitrary detention.
Through the present review application, Najib contends that trial judge Mohd Nazlan Mohd Ghazali, who has since been elevated from the Kuala Lumpur High Court to the Court of Appeal, was in a conflict of interest when he heard and decided on the SRC International case in 2020.
Najib alleged, among others, that the judge was aware that it was Maybank Investment (an entity of Maybank Group) and BinaFikir (another entity of Maybank Group) that provided the advice to the sovereign wealth fund 1MDB in the matters pertaining to the setting up of SRC International.
Najib alleged that the conflict of interest arose due to Nazlan’s previous role as general counsel with Maybank.
Initially a subsidiary of 1MDB, SRC International later became fully owned by the Minister of Finance Incorporated (MoF Inc). 1MDB is also fully owned by MoF Inc.
Among the possible outcomes of the review is Najib getting a full acquittal, having his appeal heard again by a different apex court bench, or that he gets a retrial of the SRC International case before a new High Court judge.
Besides targeting the previous apex court decision to uphold Najib’s SRC International conviction and sentencing, the former prime minister’s review also targets the previous panel’s three other decisions.
These are the decisions to deny his bid to adduce additional evidence to strengthen the allegations against Nazlan, to reject his bid to postpone the appeal hearing, and to deny his application to recuse Tengku Maimun over the alleged conflict of interest. - Mkini

---