PUTRAJAYA – Encouraged by the dissenting judgement in Datuk Seri Najib Razak’s review application on his SRC International Sdn Bhd case, lead counsel Tan Sri Muhammad Shafee Abdullah today claimed that the matter is far from over.
Speaking to reporters after the Federal Court’s decision today, Shafee said there is a possibility that the defence would pursue another action in court.
“As a result of the minority judgement, there is an open avenue. There are cases that are reviewed not only once. As long as there are grounds for fresh review, we can,” he said but stopped short of confirming if another review application is on the cards.
“We will inform you in due course, but it’s not the end of the matter... I cannot disclose yet whether it will be review of another court procedure.”
Earlier today, a five-member bench of the Federal Court delivered a non-unanimous four-to-one decision rejecting Najib’s review application challenging the apex court’s decision in August last year, which upheld his guilty verdict and 12-year jail sentence.
Federal Court judge Datuk Vernon Ong Lam Kiat, in delivering the majority judgement, said the decision to reject Najib’s review application was made after considering all submissions, as well as all evidence and arguments presented by the prosecution and defence.
He said having considered all the records, the apex court found that all earlier convictions against Najib are safe and that the sentences imposed against the former premier are not excessive, and therefore affirmed.
Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli, who gave the sole dissenting judgement, had argued that Najib was not given a fair trial during the main Federal Court appeal after he was not allowed to seek adjournment.
This is despite the fact that the former prime minister had changed his solicitors and counsel.
Rahman further noted that Najib’s request to rope in the Queen’s Counsel to represent him was also rejected and that he was left to fend for himself after the apex court refused to grant his new counsel more time to make preparations.
Shafee said the minority judgement, which found a miscarriage of justice in the court process of Najib’s case, was hugely encouraging.
Among other things, he noted that Rahman had pointed out that an adjournment should have been given as the new lawyers who took charge of Najib’s case had only done so three weeks prior to the final hearing.
Shafee also highlighted that Rahman had said in his judgement that the court has no power to stop a counsel from discharging himself, in reference to the refusal by the court to allow Najib’s new lawyer, Hisyam Teh Poh Teik, to withdraw himself then.
“If the counsel is not prepared, it’s as good as not having a counsel,” he said.
Separately, Shafee said he was extremely disappointed by today’s majority judgement, which he said did not differ much from that during the main appeal.
“It (today’s ruling) sounded like the judgement of the previous court, with a bit of addition. Nothing much was added that would impress us we were wrong,” he said. – The Vibes, March 31, 2023
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