PUTRAJAYA – Former prime minister Datuk Seri Najib Razak has submitted 94 grounds in his petition of appeal on why he should be freed of the charges of misappropriating RM42 million in SRC International Sdn Bhd funds.
Among the grounds mentioned in the petition is that the Court of Appeal had erred in fact and/or in law in affirming the high court’s findings that the prosecution had proved a prima facie case against the appellant (Najib) on all seven charges and called him for defence.
In the petition of appeal which was filed today through Messrs Shafee & Co, Najib, 68, claimed that he is aggrieved by the serious errors in fact and law made by both courts in their respective grounds of judgment as a whole.
He further added that except where expressly stated, the appellant holds the position that the findings in the entire grounds of judgment by both courts (Court of Appeal and high court) show serious errors.
“The Court of Appeal had erred in fact or in law in affirming the high court’s factual findings or inferences that are not fully proven and do not reflect the evidence comprehensively.
“Both courts erred in fact and/or law by failing to properly evaluate evidence and failing to recognise the differences between proven and unproven facts, and between inferences that might permissibly be drawn and mere conjecture based on suggestion, unsubstantiated allegations, conjecture, suspicion and hearsay,” he said.
Najib further claimed that both courts erred in fact and/or law in each of the factual findings that are not in favour of him, aside from erring in fact or law in making findings on the elements of all the charges by applying their own logic or rationale contrary to the oral or documentary evidence.
Thus, the Pekan MP said, he will present the errors of the Court of Appeal, the high court and the actions of the prosecution which have denied the appellant his rights under the federal constitution which resulted in serious injustice to him when he failed to obtain a fair and equitable trial.
On April 11, Najib applied for an extension of time no later than April 25 (today) to file the petition of appeal to the Federal Court and the court today allowed his application.
On December 8, 2021, the Court of Appeal upheld Najib’s conviction and the 12-year jail sentence and the RM210 million fine for misappropriating RM42 million belonging to SRC International.
Judge Datuk Abdul Karim Abdul Jalil, who presided with Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera unanimously dismissed Najib’s appeal against the high court’s decision on July 28, 2020.
Najib then filed an appeal at the Federal Court. – Bernama, April 25, 2022
