Shafee Contends No Factual Analysis Of 94 Appeal Grounds

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The apex court hearing of Najib Abdul Razak’s review application to quash his guilty verdict in the RM42 million SRC International corruption case enters the third day today.
The five-person Federal Court bench is expected to continue hearing oral submissions from the former prime minister’s lead defence counsel, Muhammad Shafee Abdullah.
We bring you this reports of the proceedings.
12.12pm: Lawyer contends court didn't factually analyse appeal grounds
Lead defence counsel Muhammad Shafee Abdullah contends the previous apex court bench - which dismissed Najib Abdul Razak’s SRC appeal on Aug 23 last year - did not carry out a factual analysis of any of the 94 grounds of appeal.
Shafee (above) claims the apex bench judgment on the appeal was just three paragraphs.
“No reasons were provided. No evaluation and analysis of the facts and law as well as arguments in the 94 (grounds) petition of appeal,” the lawyer says.
11.56am: Shafee denies Najib’s counsel refused to submit in SRC appeal
Lead defence counsel Muhammad Shafee Abdullah denies a previous apex bench’s finding that Najib Abdul Razak’s previous counsel refused to present submissions during last year’s SRC appeal.
Shafee tells the present apex bench the former prime minister’s previous legal team merely wanted more time to mount an effective argument in the appeal.
“The way it (apex court finding last year) mentioning about the refusal to submit made it (look like) either my client or his (then) counsel rather recalcitrant, which was not the case as they were pleading for time,” Shafee says.
In August last year, the apex bench chaired by Chief Justice Tengku Maimun Tuan Mat denied the application by Najib’s lawyers to postpone the appeal hearing for three to four months to help them prepare for the appeal.
The bench also denied an application by Najib’s then counsel Hisyam Teh Poh Teik to discharge himself from representing the former premier as the lawyer contended he was unable to present a submission when the adjournment bid was denied.
11.25am: Proceedings resume
The apex court reconvenes for hearing after the short break.
11.05am: Shafee refers to Najib’s statement from the dock
Lead defence counsel Muhammad Shafee Abdullah reads out Najib Abdul Razak’s full statement from the dock last year.
The former prime minister’s statement was read at the time just before the previous apex court bench, chaired by Chief Justice Tengku Maimun Tuan Mat, dismissed his appeal and upheld the RM42 million SRC International conviction as well as a 12-year jail sentence and RM210 million fine against him on Aug 23, 2022.
In the statement from the dock, Najib claimed the country’s judicial system failed him, lamented that he was effectively unrepresented after his bid to postpone the appeal hearing was rejected, and that he had not been given a fair chance to explain himself in court on his decisions regarding his then legal team.
The present bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli stands down proceedings for a short break.
10.04am: Today’s hearing not an appeal, judge says
A member of the five-person bench, Vernon Ong Lam Kiat, reminds lead defence counsel Muhammad Shafee Abdullah that today’s hearing is on a review application and not an appeal.
The Federal Court judge tells Najib Abdul Razak’s lawyer that the latter’s oral submissions should not include the merits of the 2020 Kuala Lumpur High Court decision to convict and sentence the former prime minister in the RM42 million SRC International corruption case.
Ong reminds Shafee this is because the review application itself was on the process (of the previous apex court bench’s dismissal of Najib’s SRC appeal last year) rather than the merits of the case.
“It appears that you are going into the merits rather than procedure. No need to go to that. To us it is irrelevant.
“You yourself said clearly your argument (for the present review bid) is on the process. But the addressing of the High Court grounds is on merits.
“Just focus on the process. This is not an appeal,” Ong says.
9.37am: Rosmah, Nooryana seen in court
Najib Abdul Razak’s wife Rosmah Mansor, clad in red, enters the apex court.
She takes a seat in the public gallery beside her daughter Nooryana Najwa. A few red-hat-clad officers from Kajang Prison also sit in the public gallery.
Sitting in the dock, former prime minister Najib follows the oral submissions being presented by his lead defence counsel Muhammad Shafee Abdullah.
9.20am: Court failed to consider 94 appeal grounds: Shafee
Lead defence counsel Muhammad Shafee Abdullah submits that the previous Federal Court bench - presided by Chief Justice Tengku Maimun Tuan Mat - failed to consider any of the 94 grounds of appeal raised by Najib Abdul Razak in the former premier’s appeal in the RM42 million SRC International case.
Shafee tells the present five-person apex bench, chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli - that this was because Najib last year in effect had ineffective legal representation.
Shafee is referring to the previous bench denying Najib’s then-legal counsel Hisyam Teh Poh Teik from discharging himself during the apex court hearing of the SRC review in August last year.
At the time, Hisyam sought to discharge himself as the apex court denied the defence team’s bid to adjourn the appeal hearing for three to four months so that the lawyers could prepare for the SRC appeal.
9.05am: Apex court convenes
The five-person Federal Court bench convenes, with former prime minister Najib Abdul Razak entering the dock as proceedings begin.
Lead defence counsel Muhammad Shafee Abdullah begins his oral submission.
8.35am: Prosecution team enters court
Lead deputy public prosecutor (DPP) V Sithambaram and other DPPs are in the courtroom, waiting for proceedings to begin.
8.30am: Najib’s SRC review application: 3rd day
The apex court hearing of Najib Abdul Razak’s review application to quash his guilty verdict, as well as the 12-year jail sentence and RM210 million fine in the RM42 million SRC International corruption case, enters the third day today.
The five-person Federal Court bench, headed by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, is expected to continue hearing oral submissions from the former prime minister’s lead defence counsel, Muhammad Shafee Abdullah.
Yesterday during the SRC review hearing, the lawyer submitted, among others, that the previous apex court bench last year had “rushed” the hearing of former finance minister Najib’s appeal against his conviction and sentencing.
The current panel also comprises Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang and Nordin Hassan - as well as Court of Appeal judge Abu Bakar Jais.
On Aug 23 last year, the previous five-person apex court bench, chaired by Chief Justice Tengku Maimun Tuan Mat, dismissed Najib’s appeal and upheld the guilty verdict and sentencing against him.
Then on Sept 6, he mounted the review against that appeal verdict 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.
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.
Mohd Nazlan Mohd GhazaliThrough 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.
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 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 is Najib gets a full acquittal, has his appeal re-heard 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 premier’s review also targets the previous panel’s three other decisions.
These are the decisions to deny his bid to produce 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.
Ad hoc deputy public prosecutor V Sithambaram heads the prosecution for the SRC review proceedings. - Mkini

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