KUALA LUMPUR – The singular dissenting judgment in Datuk Seri Najib Razak’s failed review application on his SRC International Sdn Bhd case will be used to bolster his pardon application to the Yang di-Pertuan Agong, said lead counsel Tan Sri Muhammad Shafee Abdullah.
Speaking to reporters at the courthouse here today, Shafee said that the defence team will submit the majority and minority judgments from the review attempt to the king for the ruler’s consideration.
“Our pardon request (for Najib) will be exactly what (Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli) said in his (sole dissenting) judgment.
“(Najib’s) pardon request will not be (him saying that) he did wrong and is now throwing himself upon (the Agong’s) mercy, as is normally the case with pardon applications.
“The pardon will say that this man (Najib) did not have the right to a fair trial…which is exactly what (Rahman) said,” he said.
He added that the defence counsel intends to send both majority and minority judgments from the 4-1 split decision to allow the King to consider the defence’s perspective of the case, saying: “A very senior judge (Rahman) agreed with our (defence team’s) views.
“The Agong should be encouraged to see our (side) of the case,” he claimed, noting that the pardon application will be made within the week.
Meanwhile, Shafee declined to comment when questioned on whether Najib will be filing a second review application, instead saying: “That one is our secret nuclear missile weapon. I cannot tell you anything yet.”
On Friday, 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 judgment, 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.
On the other hand, Rahman 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.
During a subsequent press conference, Shafee claimed that the matter is far from over, asserting that there is a possibility that the defence would pursue another action in court. – The Vibes, April 3, 2023
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