PUTRAJAYA – All the defence team wanted in Datuk Seri Najib Razak’s application to review his conviction and sentence in the SRC International Sdn Bhd case at the Federal Court was to get the trial postponed, the prosecution said today.
Lead prosecutor Datuk V. Sithambaram, in his submission to the apex court today, said Najib’s lead counsel, then Datuk Hisyam Teh Poh Teik, as well as solicitors from Zaid Ibrahim Suflan TH Liew & Partners, all had as their main objective the adjournment of the review after they failed their bid to introduce new evidence at the last minute.
The new evidence was a supposed conflict of interest with high court judge Datuk Mohd Nazlan Mohd Ghazali, who found Najib guilty in July 2020, because of Nazlan’s previous role in Maybank as general counsel, which exposed him to knowledge about SRC International.
Sithambaram said that Najib’s defence team had already known the dates for the trials four months in advance, while necessary documents pertaining to the case had been given to the defence team two months prior to the trial in August of 2022.
He posited that Najib and his new legal team had six to eight weeks to prepare for the appeals, but did not prepare because they assumed that the application for additional evidence would succeed, and the case would be remitted to the high court.
“The applicant and his new counsels’ insisted on an adjournment saying they were not ready to proceed with the appeals.
“This, we submit, is a strategy that went wrong and a clear demonstration of complacency in the preparation of the hearing of the appeals.
“No solicitor should have the audacity to accept a brief and appear on the hearing date with the sole aim of securing an adjournment without being prepared for the eventuality that the appeals may proceed,” he said.
Ahead of Najib’s appeal to the Federal Court last year, he had on July 25, 2022 written to the apex court that he was to discharge Shafee & Co from representing him in the final appeal.
Hisyam and Zaid were then replaced as lead counsel and solicitor respectively.
During the trial however, Hisyam repeatedly asked for adjournment and even requested to discharge himself, but was denied by the previous five-person panel led by Chief Justice Tun Tengku Maimun Tuan Mat.
During the final appeal hearing, Zaid’s firm was discharged as solicitors, leaving Hisyam and his two co-counsels to represent Najib.
The Federal Court on August 23 upheld Najib’s conviction and sentence to 12 years in prison and RM210 million fine.
The decision was made by the bench led by Tengku Maimun Tuan Mat, comprising Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and apex court judges Datuk Nallini Pathmanathan, Datuk Mary Lim, and Datuk Mohamad Zabidin Diah.
In this review application, the five-person panel is led by Sabah and Sarawak chief judge Datuk Abdul Rahman Sebl and comprise Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang, Datuk Nordin Hassan, and Datuk Abu Bakar Jais. – The Vibes, February 22, 2023
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