PUTRAJAYA – Datuk Seri Najib Razak today failed in his final bid to get a review of his conviction 12-year jail sentence and fine for misappropriation of RM42 million in SRC International Sdn Bhd funds.
The majority decision was read out by Federal Court judge Datuk Vernon Ong Lam Kiat.
Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli, who chaired a five-member bench, dissented.
Others on the bench were Federal Court judges Datuk Rhodzariah Bujang and Datuk Nordin Hassan and Court of Appeal judge Datuk Abu Bakar Jais.
Najib, 69, who is currently serving a 12-year jail term in Kajang prison, had sought to overturn the decision made by the previous panel of the Federal Court, led by Chief Justice Tun Tengku Maimun Tuan Mat on August 23 last year.
Following is the chronology of Najib’s SRC case:
July 4, 2018: Najib is charged for the first time in the sessions court with three counts of criminal breach of trust (CBT) and one charge of abusing his position over SRC funds totalling RM42 million. The case was later transferred to the high court.
August 8, 2018: Najib is charged at the high court with three counts of money laundering involving the same money (RM42 million of SRC funds) believed to be proceeds from unlawful activities.
April 3, 2019: Najib’s trial began after high court judge Mohd Nazlan Mohd Ghazali dismissed the former prime minister’s application to declare the seven charges against him defective.
August 27, 2019: The prosecution closed its case after 58 days of the trial involving 57 witnesses.
November 11, 2019: The high court ordered Najib to enter his defence on all seven charges after finding elements of abusing position, dishonesty and money laundering by the accused have been proven by the prosecution.
December 3, 2019: Najib took the witness stand at the high court as the first defence witness to answer charges against him.
March 11, 2020: After 33 days of hearing and calling 19 witnesses, the defence closed its case.
July 28, 2020: The high court sentenced Najib to 12 years in jail and a fine of RM210 million after finding him guilty on all seven charges.
October 19, 2020: Najib filed a petition of appeal which contains 307 grounds of appeal on why he should be freed of the charges.
April 5, 2021: Najib’s SRC appeal hearing began at the Court of Appeal.
May 18, 2021: Najib’s SRC appeal hearing is completed after the court heard arguments from both parties for 15 days and reserved its decision to a date yet to be fixed.
November 23, 2021: The Court of Appeal set December 8 for a decision on Najib’s appeal.
November 24, 2021: Najib applied to the Appeals Court to vacate the decision date due to the requirement to undergo self-quarantine for seven days due to Covid-19 and could only attend court or public gatherings from December 13. However, it was dismissed on the same day.
December 2, 2021: Najib filed a last-minute application at the Appellate Court to allow new evidence including from Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Azam Baki to be adduced in his appeal.
December 3, 2021: The Court of Appeal fixed December 7 to hear Najib’s application to include new evidence.
December 7, 2021: The court dismissed Najib’s request to postpone the hearing of his application and the delivery of the decision scheduled for December 8 because he and his defence counsel are the casual contacts of his lawyer who tested positive for Covid-19.
December 8, 2021: The Court of Appeal upheld the high court’s decision and dismissed Najib’s appeal to set aside his conviction and jail sentence in the SRC case. On the same day, Najib filed a notice of appeal to the Federal Court.
January 7, 2022: Najib applied to the Federal Court to hear first his appeal to adduce new evidence in the SRC case.
January 25, 2022: Law firm Messrs Shafee & Co submitted a six-page letter to the secretariat of Chief Justice Tun Tengku Maimun Tuan Mat on Najib’s intention to appoint a Queen’s Counsel from the UK to assist the former premier in complex issues and legal questions in his appeal at the Federal Court.
March 2, 2022: The Federal Court rejected Najib’s application to vacate the appeal hearing dates on new evidence, which is scheduled on March 15 and 16.
March 16, 2022: Najib failed for the second time to adduce new evidence in his appeal.
April 11, 2022: Najib through Messrs Shafee & Co applied for an extension of time no later than April 25 to file the appeal petition.
April 25, 2022: Najib filed a petition of appeal and submits 94 grounds in his petition of appeal on why he should be freed of the SRC-related charges.
April 29, 2022: The Federal Court fixed 10 days in August to hear Najib’s final bid against his conviction and jail sentence.
May 31, 2022: Jonathan Laidlaw, a Queen’s Counsel from the United Kingdom filed the notice of originating motion to represent Najib in the case.
June 7, 2022: Najib filed an application to adduce further evidence to the Federal Court to nullify the entire trial.
June 13, 2022: The prosecution filed an affidavit objecting to Laidlaw’s application to represent Najib in his final appeal.
June 16, 2022: high court judge Datuk Wan Ahmad Farid Wan Salleh recused himself from hearing Laidlaw’s application.
June 27, 2022: The Malaysian Bar filed an affidavit objecting to Laidlaw’s application to represent Najib in the final appeal.
July 21, 2022: The high court rejected an application for Laidlaw to represent Najib in his final appeal.
July 26, 2022: Najib discharged with immediate effect Messrs Shafee & Co from representing him in his final appeal, appoints lawyer Hisyam Teh Poh Teik his new lead counsel.
August 15, 2022: The Federal Court allowed the defence’s application to amend Najib’s notice of motion to adduce new evidence in his final appeal.
August 16, 2022: Najib failed in his bid to adduce new evidence.
August 16, 2022: The apex court dismissed Najib’s application to postpone the hearing of his SRC International appeal and fixed August 18 to hear the appeal.
August 18, 2022: The Federal Court began hearing Najib’s final appeal and dismissed Hisyam’s application to recuse himself from representing Najib.
August 19, 2022: The prosecution wrapped up its submissions. On the same day, Najib discharged his solicitors, Zaid Ibrahim Suflan TH Liew & Partners (ZIST), from representing him.
August 23, 2022: Najib sought to recuse Chief Justice Tun Tengku Maimun Tuan Mat from hearing his appeal, but the application was dismissed.
August 23, 2022: Federal Court’s five-member bench upheld Najib’s conviction, jail sentence and fine for misappropriating RM42 million of SRC International Sdn Bhd funds.
September 2, 2022: Najib filed a petition to seek a royal pardon.
September 6, 2022: Najib filed an application to review his conviction and 12-year jail sentence and fine.
January 5, 2023: Najib filed a petition to the United Nations Human Rights Council Working Group on Arbitrary Detention (UNWGAD) to ask for a release from prison or retrial of his SRC International case.
January 19 2023: The Federal Court began hearing Najib’s review application for six days.
February 28, 2023: All parties concluded their submissions.
March 13, 2023: The Federal Court fixed March 31 to deliver its decision on Najib’s review application. – Bernama, March 31, 2023
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