Malaysia

[UPDATED] Court tosses Shafee’s objection to CoA judge, SRC review hearing resumes

Apex judicial body rules chief justice can appoint Datuk Abu Bakar Jais to sit on bench

Updated 3 years ago · Published on 19 Jan 2023 2:31PM

[UPDATED] Court tosses Shafee’s objection to CoA judge, SRC review hearing resumes
The ongoing review hearing is Datuk Seri Najib Razak’s last attempt to undo his conviction in his SRC International Sdn Bhd case, as he has already exhausted his appeal at the Federal Court last August. – AZIM RAHMAN/The Vibes file pic, January 19, 2023

by Danial Dzulkifly

PUTRAJAYA – The Federal Court’s hearing for Datuk Seri Najib Razak’s review application to overturn his conviction and sentence in his SRC International Sdn Bhd graft case resumed this afternoon after the apex bench dismissed the defence’s objection to one of the judges on the panel.

Panel chairman justice Datuk Abdul Rahman Sebli said the panel was not persuaded that justice Datuk Abu Bakar Jais should not hear the review because he was not a Federal Court judge.

“The law as prescribed under Article 122(2) of the federal constitution clearly states that the chief justice can appoint a Court of Appeal judge to sit as a presiding judge in the Federal Court in the interest of justice,” said Rahman, who is also the chief judge of Sabah and Sarawak.

With this, the review of Najib’s case that was delayed this morning by the defence’s objection, began after 2pm today when the court resumed after an adjournment earlier.

This morning, Shafee – citing the Courts of Judicature Act 1964 – raised concerns over Abu Bakar, saying that as a Court of Appeal judge, the latter should not be on the review panel.

In a counter-argument, deputy public prosecutor Datuk V. Sithambaram said that Article 122 of the federal constitution allowed the chief justice to appoint a Court of Appeal judge to sit as a judge in the Federal Court in the interest of justice.

Shafee then put up more arguments until the court took a break and resumed this afternoon with its decision to retain Abu Bakar and resume the review hearing.

This is Najib’s last attempt to undo his conviction, as he has already exhausted his appeal at the Federal Court in August. 

Besides panel chair Rahman and Abu Bakar, the rest of the five-person review panel today comprises justices Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang, and Datuk Nordin Hassan.

As Najib is seeking a review, the panel is different from the bench headed by Chief Justice Tun Tengku Maimun Tuan Mat, which upheld the former prime minister’s conviction and sentence in August last year. – The Vibes, January 19, 2023

Related News

Malaysia / 1mth

Syed Saddiq walks free: Federal Court upholds acquittal

Malaysia / 4mth

Court of Appeal: Emergency proclamations beyond judicial review

Malaysia / 4mth

Rosmah: ‘There was no obligation for me to buy any of the jewellery’

Malaysia / 5mth

Court of Appeal grants stay on order over Sabah's 40 per cent revenue entitlement

Malaysia / 5mth

Apex court grants PETRONAS leave to challenge Sarawak state laws

Malaysia / 6mth

Isa Samad wants Federal Court to reconsider its decision to convict him

Spotlight

Opinion

“I’m not a war criminal, I’m a patriot”: Shavendra Silva’s amnesia tour meets the receipts

By Abbi Kanthasamy

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Doctor among five killed in Sarawak Flying Doctor helicopter crash identified

Malaysia

Nearly 10,000 potential fire hotspots detected on RSPO-managed land

Malaysia

Undang Yang Empat produces letter allegedly confirming Tuanku Muhriz’s removal

Malaysia

Northern Malaysia must prepare for the consequences of lower rainfall

Malaysia

Helicopter crashes during flying doctor service mission in Sarawak

You may be interested

Malaysia

The potential for a redevelopment of Port Dickson

Malaysia

No one forced Azeez to wear lock-up attire, handcuffs, says MACC

Malaysia

Political Funding Bill set for 2027 as government tightens rules on political funds

Malaysia

Flying Doctor Service to continue despite fatal Sarawak crash

Malaysia

Negeri Sembilan MB silent on alleged Ruler removal letter

Malaysia

Doctor among five killed in Sarawak Flying Doctor helicopter crash identified

Malaysia

PDRM seeks dedicated ministry to strengthen force

Malaysia

British management on trial – does a royal management institute deliver value?