[UPDATED] Guilty as charged: Federal Court upholds Najib’s SRC conviction

PUTRAJAYA – The Federal Court has upheld the court decision that former prime minister Datuk Seri Najib Razak is guilty of all seven charges in the SRC International Sdn Bhd corruption case and will have to serve his 12-year sentence.

The Federal Court also upheld the RM210 million fine imposed by the high court on Najib.

A five-member bench chaired by Chief Justice Tun Tengku Maimun Tuan Mat said the findings of the high court are correct and the defence failed to raise reasonable doubt. 

Tengku Maimun said Najib would have to serve his sentence immediately.

“On the totality of the evidence, we find the conviction of the appellant on all seven charges safe. We also find that the sentence imposed is not manifestly excessive.

“These appeals are therefore unanimously dismissed and the conviction and sentence are affirmed, warrant of committal is issued,” she said.

Najib’s lead counsel Hisyam Teh Poh Teik then informed the court that the defence wished to file a stay of execution pending a review of the decision.

“There is no provision under the law for stay (of execution) pending review,” Tengku Maimun replied.

In delivering the court’s decision, Tengku Maimun also said the court had accorded Hisyam every opportunity during the hearing to make fresh submissions after his bid for adjournment was rejected, but he refused.

On the high court’s findings, she said judge Datuk Mohd Nazlan Mohd Ghazali has not committed any errors in his decision to convict Najib.

“The learned trial judge undertook an extensive analysis of all the evidence – documentary and oral that surfaced before him over the 86 or so days of trial. The Court of Appeal meticulously examined these findings and found no appealable errors.

“The role of the apex court, as is settled law, is not to make any new findings of fact on the evidence on record or to substitute those findings with its own. 

“In this regard, where there are concurrent findings of fact by the courts below, the apex court would not be inclined to disturb those findings unless it can be shown that they are perverse, for example, if it can be shown that those findings were made in the absence of any evidence supporting them,” said Tengku Maimun.

Other members of the bench are Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and the Federal Court’s Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, and Datuk Mohamad Zabidin Mohd Diah.

In the courtroom, police were seen standing by the dock preparing to escort Najib, who is the first former prime minister in Malaysian history to be convicted and jailed for corruption.

The former prime minister, who was found guilty by the high court in 2020, was seen exchanging words with his wife Datin Seri Rosmah Mansor, sons Nor Ashman and Mohd Nizar, and daughter Nooryana while police continued to wait for him.

Later, at 5.44pm, Najib was seen being taken away in a black SUV with a police escort. 

Hisyam also spoke to the media briefly, expressing disappointment with the verdict.

“We are very sad but we can seek comfort and solace in the fact that the Almighty can dispense ultimate justice,” he said.

When asked whether Najib would file a review on today’s decision, Hisyam said the matter had yet to be discussed. – The Vibes, August 23, 2022