KUALA LUMPUR – Former prime minister Datuk Seri Najib Razak’s lawyers have filed a petition with the United Nations Human Rights Council Working Group (UNWGAD) on Arbitrary Detention to request for his release or a retrial of his SRC International corruption case.
Najib’s lead lawyer Tan Sri Shafee Abdullah said they had filed the petition as they claim that the Malaysian justice system has failed to accord the former Pekan MP a fair trial following the conclusion of the trial at the Federal Court last year.
“The Federal Court proceedings failed to accord him a reasonable opportunity to argue his case and denied his lawyers adequate time to prepare it.
“The court did not allow his defence team even to make submissions in the appeal against his sentence of 12 years’ imprisonment.
“In essence, Najib had been sent to jail without the opportunity to defend himself at the Federal Court.”
In a press conference, Shafee added that, “the final few days of the appeal, in August, amounted to a rushed justice when his lawyers were not allowed the time obviously needed to read the tens of thousands of pages of appeal papers, or to come to grips with the 94 grounds of appeal that his previous lawyers had filed”.
He added that the court “did not allow” Najib’s then lawyer Hisyam Teh Poh Teik to make the submissions as he was not accorded an adjournment to go through the appeal files for a conclusive defence.
Shafee said even though the decision of the working group is not legally binding, it is very influential, especially as Malaysia has a distinguished jurist serving in it.
He also cited Prime Minister Datuk Seri Anwar Ibrahim, who told the Cambridge University Press that UNWGAD’s opinion on his prison case was “an important milestone” in his “journey to freedom”.
This application to UNWGAD, however, is separate from Najib’s review application filed last year on the Federal Court verdict in his SRC International Bhd case.
“Basically, you have a right to an appeal, and we have exhausted appeals, we have exhausted all local avenues,” said Shafee, on why they are filing an application with UNWGAD.
Najib had previously applied for a review of the Federal Court’s decision to uphold his conviction and sentence for the misappropriation of RM42 million in SRC International funds.
The Federal Court then set January 19, 20 and 26 to review Najib’s application. – The Vibes, January 5, 2023
