Defence Objects Against Appeals Judge In Apex Court Bench

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All eyes are on today’s latest bid by Najib Abdul Razak to overturn his guilty verdict as well as the 12-year jail sentence and RM210 million fine in a corruption case involving RM42 million of funds from SRC International.
Having exhausted his appeals before the Court of Appeal and the Federal Court, the former prime minister is seeking a new apex court panel to hear his review against his conviction and sentencing.
Follow our reporting as the Malaysiakini team brings you the news from time to time..
Shafee asks for appeals judge to sit out objection hearing
9.58am: Defence counsel Muhammad Shafee Abdullah applies for Court of Appeal judge Abu Bakar Jais to not be present to hear the current preliminary objection over the Court of Appeal judge being part of today’s apex bench.
Shafee says it is because the preliminary objection personally affects Abu Bakar.
Shafee objects against Court of Appeal judge in apex panel
9.46am: Defence counsel Muhammad Shafee Abdullah raises a preliminary objection against Court of Appeal judge Abu Bakar Jais being part of today’s apex court panel hearing the review.
The veteran lawyer submits that the panel should only consist of Federal Court judges.
Shafee refers to Section 74 of the Courts of Judicature Act 1964.
Apex court convenes
9.42am: The five-person bench convenes as proceedings for former prime minister Najib Abdul Razak’s review bid for his SRC case begin.
Najib is seen in the dock.
Rosmah arrives
9.30am: Rosmah Mansor, wife of former prime minister Najib Abdul Razak, arrives at the Palace of Justice in a bright lime green outfit along with an assistant.
She is seen sitting with her husband in the public gallery of the apex court awaiting proceedings to begin.
She and Najib are seen conferring while Kajang Prison officers, wearing red hats, are seen sitting nearby.
Najib in apex courtroom
9.28am: Najib Abdul Razak is seen escorted by Kajang Prison officers into the apex courtroom to await proceedings to begin.
The former prime minister is seen surrounded by supporters in the public gallery.
5-person prosecution team against Najib’s SRC review
9.19am: Ad hoc deputy public prosecutor and veteran legal practitioner V Sithambaram heads the five-person prosecution team to counter former prime minister Najib Abdul Razak’s review of his SRC case.
The other DPPs are Donald Joseph Franklin, Sulaiman Kho Kheng Fuei, Mohd Ashrof Adrin Kamarul, and Manjira Vasudevan.
Counsels Chan Yen Hui and Cyrus Tiu Foo Woei are holding watching brief for the Bar Council.
Shafee heads Najib’s 8-person team
9.13am: Veteran lawyer Muhammad Shafee Abdullah heads the eight-person legal team representing former prime minister Najib Abdul Razak.
Muhammad Shafee Abdullah (centre)The other lawyers are Sarah Abishegam, Muhammad Farhan Muhammad Shafee, Syafiqah Sofian, Wan Mohammad Arfan Wan Othman, Alaistair Brandah Norman, Umi Nafesah Mohd Noor, and Genevieve Vanniasingham.
Chief Judge of Sabah, Sarawak heads 5-person apex bench
9.04am: Chief Judge of Sabah and Sarawak Abdul Rahman Sebli chairs the five-person apex court bench to hear former prime minister Najib Abdul Razak's SRC review.
The other members are Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang, and Nordin Hassan, as well as Court of Appeal judge Abu Bakar Jais.
Chief Judge of Sabah and Sarawak Abdul Rahman SebliNajib arrives
8.50am: Former prime minister Najib Abdul Razak arrives for the hearing of his SRC review at the Federal Court at the Palace of Justice, Putrajaya.
A black police vehicle ferrying Najib, who was also former finance minister, from Kajang Prison is seen arriving at court.
Media told to vacate court’s back entrance before Najib arrives
8.30am: Palace of Justice, Putrajaya - Police officers on duty and a court officer order the media, who are awaiting former prime minister Najib Abdul Razak’s arrival, to move away from their gathering spot along the pavement outside the court’s back entrance.
The officers cite possible disruptions and escort the group of media photographers, videographers, and journalists - some arriving as early as 7.30am - about 500m down the road where metal barricades were set up.
About 10 Najib supporters dressed in Umno’s red and BN’s blue are also present, raising placards with messages of solidarity and justice for “Bossku”, Najib’s moniker.
Inside the court building, more court reporters are being registered to cover the hearing today. 
On Aug 23 last year, a five-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat dismissed the former finance minister’s appeal in the case involving one count of abuse of power, three counts of criminal breach of trust, and three money laundering charges.
The then apex court bench was presided over by then chief judge of Sabah and Sarawak Abang Iskandar Abang Hashim, as well as Federal Court judges P Nallini, Mary Lim Thiam Suan, and Mohamad Zabidin Mohd Diah.
Iskandar and Zabidin have recently been elevated to Court of Appeal president and Chief Judge of Malaya respectively. The position of Chief Judge of Sabah and Sarawak is now held by Abdul Rahman Sebli.
Currently incarcerated at 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 case.
Najib claimed, among others, that it was because the judge was allegedly aware that it was Maybank Investment (an entity of Maybank Group) and BinaFikir (another entity of Maybank Group) that provided the advice to Malaysian 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 Malaysian sovereign wealth fund 1MDB, SRC 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 are that Najib gets a full acquittal, has his appeal reheard by a different apex court bench, or that he gets a retrial of the SRC case before a new High Court judge.
The former prime minister is represented by a defence team led by counsel Muhammad Shafee Abdullah, while V Sithambaram heads the prosecution. - Mkini

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