KUALA LUMPUR – There is a lot of uncertainty about what will happen in Datuk Seri Najib Tun Razak’s final appeal over the SRC International Sdn Bhd case following his lawyer’s refusal to make any submissions to defend the former prime minister.
On Friday (August 19), Najib’s lead counsel, Hisyam Teh Poh Teik, informed a five-member bench of the Federal Court led by Chief Justice Tun Tengku Maimun Tuan Mat that he would also not even present oral submissions for his client.
Justice Tengku Maimun, however, said the court will deal with the matter on Tuesday (August 23). The court had set August 15 to 19 and August 23 to 26 to hear the appeal.
In regards to this, the legal fraternity is of the opinion that the apex court could immediately make a ruling, even if there were no submissions from Najib’s counsel.
Lawyer Mohamed Haniff Khatri Abdulla said this was because the court could decide based on the written submissions filed previously by Najib’s defence team at the Court of Appeal last year.
He said it can also be based on the petition of appeal filed by Najib’s previous solicitors on April 25 this year, which stated 94 grounds on why Najib should be acquitted.
“There are enough materials before the Federal Court to deliberate upon, even in the absence of oral submissions. Hence, there is no way the case will be adjourned,” he said.
Lawyer Lim Wei Jiet also concurred with the same view saying that as the country’s highest court, it will likely decide based on the grounds of appeal in the memorandum of appeal, appeal records as well as the appeal court’s previous submissions by Najib’s defence team.
Meanwhile, Datuk Gurdial Singh Nijar was of the opinion that the court might conclude the hearing on that day, but would reserve its judgment to a date to be fixed later.
“The decision might be delivered another day,” said the lawyer.
The prosecution led by ad hoc prosecutor Datuk V. Sithambaram, when wrapping up its submissions on Friday, said the court could proceed to deliberate for a decision in the absence of the former prime minister’s fresh written or oral submissions.
Citing case law, Sithambaram submitted that there was a precedent for the court to “proceed accordingly” as the defence had stated that they did not plan to file any fresh submissions for the appeal.
Friday was the second day of sitting of the panel, which also comprises Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd, to hear Najib’s final appeal to quash his conviction and sentence.
The two days of the proceedings saw twists of events, one after another. Hisyam had first sought to recuse himself from representing Najib, but his request was turned down by the court and it directed the prosecution to submit.
Hisyam on Friday had also told the panel that Najib had discharged his solicitors, Zaid Ibrahim Suflan TH Liew & Partners, from representing him.
The lawyer once again asked the court to postpone the hearing to Thursday (August 25) as he had other cases on Tuesday and Wednesday, but it was rejected by the court.
On August 16, the court had dismissed Hisyam’s application to postpone the appeal hearing and ordered the appeal to proceed on August 18.
On July 28, 2020, the then high court Judge Datuk Mohd Nazlan Mohd Ghazali, who is now a Court of Appeal judge, had sentenced Najib to 10 years’ jail on each of the three counts of criminal breach of trust and each of the three counts of money laundering, and 12 years’ jail and a RM210 million fine, in default five years' jail, in the case of abuse of position.
Last year, the Court of Appeal upheld the high court’s decision and dismissed Najib’s appeal to set aside his conviction and jail sentence as well as the fine. – Bernama, August 21, 2022
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