EDITOR’S NOTE: Malaysiakini has amended an earlier entry stating that Hisyam refused to submit (present his arguments) after his discharge bid was rejected. The amendment reflects that Hisyam told the court that he would be relying on previous written submissions.
The Federal Court today began the hearing of former prime minister Najib Abdul Razak’s final appeal to quash his conviction and sentencing in the RM42 million SRC International corruption case.
The hearing today saw Najib’s lawyer Hisyam Teh Poh Teik being denied from discharging himself from representing his client after the apex court dismissed his bid to have the hearing adjourned.
The five-person bench chaired by Chief Justice Tengku Maimun Tuan Mat ruled that the court has discretionary authority to allow or deny the discharge application to safeguard and protect the right of an accused.
Hisyam then told the court that the defence team would be filing fresh written submissions.
Tengku Maimun then asked the prosecution team to present their case.
Thank you for following our live reports.
Stay tuned tomorrow for another round of live updates on Najib’s final appeal.
KEY HIGHLIGHTS:
DPP: Najib wore 'multiple hats' to execute criminal intent in SRC
SRC board danced to 'puppeteer' Najib’s tune - DPP
Govt guarantees issued for RM4b loan to 'no track record' SRC - DPP
Najib's lawyers to file fresh written submissions
DPP: Najib warned ex-finance minister II not to interfere in SRC, 1MDB
DPP: 14 cheques issued following RM42m into Najib's account
Court denies Najib’s lawyer from discharging
Apex court denies latest bid to adjourn SRC appeal
Apex court SRC appeal hearing begins
I am left without defence counsel - Najib
4.45pm: Najib Abdul Razak likens his current situation as being without a defence counsel despite the apex court earlier today rejecting his lawyer Hisyam Teh Poh Teik’s attempt to discharge himself.
He says this is as Hisyam was also not allowed to postpone the hearing in order to mount a proper defence for him.
“Now I am left in reality without a defence counsel.
“That is the unfortunate part and I am unable to present my defence. I believe I have a credible defence and Hisyam, if given reasonable time, would have been able to defend me.
“I pray for a full trial and for justice,” the former premier tells the press after today’s hearing adjourned.
The former prime minister also said his right to life, liberty, and fair hearing is at stake, and strongly objected to how the proceedings are going.
Apex court proceedings adjourn to tomorrow
4.37pm: The Federal Court adjourns proceedings for today, with deputy public prosecutor V Sithambaram to resume submission tomorrow morning.
DPP: Najib wore 'multiple hats' to execute criminal intent in SRC
4.10pm: Deputy public prosecutor V Sithambaram argues that Najib Abdul Razak wore multiple hats to carry out his criminal intention in SRC.
The prosecutor submits that the appellant had played the role of prime minister, finance minister, sole shareholder of Minister of Finance Incorporated (MoF Inc), and SRC adviser emeritus.
This shows Najib's execution of his criminal intent in various capacities that enabled the appellant to commit the seven offences he was convicted of, contends Sithambaram.
Back in 2020, the Kuala Lumpur High Court convicted Najib on seven charges linked to RM42 million belonging to SRC, namely one count of abuse of power, three counts of criminal breach of trust, and three money laundering charges.
SRC board danced to 'puppeteer' Najib’s tune - DPP
3.53pm: Deputy public prosecutor V Sithambaram describes former premier Najib Abdul Razak as a 'puppeteer' in control of the 'puppets' in the SRC's board of directors.
The prosecutor submits that this fits the former finance minister's conduct back then when the SRC board was unable to dance to any other tune except his.
Initially a subsidiary of 1MDB, the SRC later became fully owned by the Minister of Finance Incorporated (MOF Inc).
Govt guarantees issued for RM4b loan to 'no track record' SRC - DPP
3.19pm: Deputy public prosecutor V Sithambaram contends that Najib Abdul Razak was involved in securing two government guarantees for an RM4 billion loan to SRC International.
The prosecutor tells the apex court that the SRC is a company with no track record, and yet was granted an RM4 billion loan by Retirement Fund Incorporated (KWAP).
Among the seven criminal charges that Najib, who used to be prime minister and finance minister, was an abuse of power.
The abuse of power charge claims that the appellant had used his position to secure two government guarantees for KWAP to issue two loans totalling RM4 billion to SRC and that RM42 million that later purportedly flowed into his bank account was allegedly linked to this incident.
Najib's lawyers to file fresh written submissions
2.39pm: Najib Abdul Razak's counsel Hisyam Teh Poh Teik informs the apex court that the defence team will be filing fresh written submissions to defend the former prime minister.
"Just now (before lunch break) when My Lady asked whether I would be relying on submissions in the Court of Appeal, I answered yes.
"At this juncture, I would like to put on record that I wish to put in written submissions on behalf of the appellant," Hisyam says.
However, he does not indicate when specifically they will be filing the submissions.
Proceedings resume
2.37pm: The apex court proceedings resume, with Najib Abdul Razak seen in the dock.
Court adjourns proceedings for lunch break
1.05pm: The Federal Court postpones proceedings for lunch, and will resume around 2.30pm this afternoon.
DPP: Najib warned ex-finance minister II not to interfere in SRC, 1MDB
12.52pm: Deputy public prosecutor V Sithambaram submits that Najib Abdul Razak warned then finance minister II Ahmad Husni Mohamad Hanadzlah not to interfere in matters involving SRC and 1MDB.
The prosecutor tells the apex court that the appellant's management style of both entities fully owned by the Minister of Finance Incorporated (MOF Inc) is autocratic.
The DPP refers to Husni's testimony on this as the 56th prosecution witness during the SRC High Court trial.
Najib virtually runs SRC, says DPP
12.31pm: Deputy public prosecutor V Sithambaram submits that Najib Abdul Razak as then premier and finance minister was virtually running SRC, an entity fully-owned by the Minister of Finance Incorporated (MOF Inc).
The prosecutor points out that this could be seen by the appellant issuing SRC minutes, on which lawyer to appoint to act for the company, and which bank account to open, among other things.
DPP: 14 cheques issued following RM42m into Najib's account
12.26pm: Deputy public prosecutor V Sithambaram submits that there was a conflict of interest committed by Najib Abdul Razak when a total of RM42 million flowed into the former prime minister’s account between December 2014 and February 2015.
The prosecutor contends that 14 cheques were issued from the appellant for his personal benefit, such as to buy a luxury watch.
Sithambaram points out there is a conflict of interest as Najib was the then prime minister and the finance minister with the Minister of Finance Incorporated (MOF Inc) fully-owned SRC.
He contends that Najib used his power to ensure the money was transferred out of SRC's account and into his own.
Court denies Najib’s lawyer from discharging
11.55am: The apex court denies lawyer Hisyam Teh Poh Teik from discharging himself from representing Najib Abdul Razak in the former prime minister's SRC appeal.
Chief Justice Tengku Maimun Tuan Mat rules that the court has discretionary authority to allow or deny the discharge application to safeguard and protect the right of an accused.
When Tengku Maimun asks whether Hisyam will rely back on written submissions during the SRC appeal at the Court of Appeal, he says “Yes”.
The top judge then asks the prosecution to present their case, to which deputy public prosecutor V Sithambaram begins to deliver oral arguments against Najib's appeal.
Apex Court proceedings resume
11.51am: Najib Abdul Razak is seen in the dock as the Federal Court reconvenes.
Apex court stands down for decision
10.08am: The Federal Court orders a temporary stand down to decide over a bid by Najib Abdul Razak's new lawyer Hisyam Teh Poh Teik to discharge himself from acting for the former prime minister.
Hisyam agrees with Chief Justice Tengku Maimun Tuan Mat's assertion that the superior court has inherent jurisdiction to ensure it is able to function properly and fulfil its mandate.
He also agrees with her that in the event he discharges himself, he would leave his client unrepresented.
When the apparently displeased top judge reminds Hisyam that the latter has so many able solicitors to take over, the lawyer reiterates his desire to discharge.
Apex court denies latest bid to adjourn SRC appeal
10.03am: The apex court again dismisses the latest application to adjourn today's main SRC appeal hearing.
Najib Abdul Razak's new counsel Hisyam Teh Poh Teik then applies to discharge himself from acting for the former prime minister.
The lawyer says this is because they needed more time to prepare for the appeal.
Apex court SRC appeal hearing begins
9.56am: Najib Abdul Razak is seen in the dock as the Federal Court convenes to hear the former prime minister's SRC appeal.
Najib's three children seen in court
9.40am: Najib Abdul Razak's three children - Norashman, Nooryana Najwa, and Mohd Nizar - are seen in the public gallery waiting for the apex court hearing to begin.
Najib’s supporters gather outside Palace of Justice
9.15am: More supporters of Najib Abdul Razak arrive to show their support for the former prime minister, who is on his final appeal against seven criminal convictions and 12 years in jail at the Federal Court.
Many of them are seen wearing t-shirts and headbands emblazoned with the word 'Bossku', which is Najib's famous moniker among his supporters.
Some are also seen wearing headbands with the slogan 'Bebas Bossku', calling for Najib to be freed.
They gather just outside the Palace of Justice for about 40 minutes, and chant slogans such as "Hidup Najib" and "Hidup Bossku", before dispersing.
9am: A group of what believe to be the supporters of Najib Abdul Razak begin gathering outside the Palace of Justice in Putrajaya.
They are believed to be assembling as part of the ‘Enough is Enough: Justice for Najib’ gathering invite that was circulating yesterday.
On Monday this week and on Tuesday, the five-person bench chaired by Chief Justice Tengku Maimun Tuan Mat was kept occupied with hearing the former prime minister’s two applications.
The first one was for adducing fresh evidence in the case, and the second was for a three-to-four-month postponement of the main SRC appeal to allow the appellant’s new legal team to prepare for the case.
However, in each case, the bench unanimously rejected the bids and made it clear it is quite ready to get straight to hearing Najib’s appeal to overturn his conviction over seven criminal charges involving RM42 million of SRC funds, as well as a 12-year jail term and RM210 million fine.
This double blow left the former finance minister ‘shocked and bitterly disappointed’.
The other Federal Court bench members set to preside over Najib’s main SRC appeal are Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and senior judges P Nallini, Mary Lim Thiam Suan and Mohamad Zabidin Mohd Diah.
The former prime minister’s legal team - which comprises veteran legal practitioner Hisyam Teh Poh Teik - is expected to mount the first submissions, to be then followed by counter-submissions from the prosecution headed by deputy public prosecutor V Sithambaram.
On July 28, 2020, the High Court in Kuala Lumpur found Najib guilty of one count of abuse of power, three counts of money laundering and three money laundering charges.
Having meted out the sentence, then trial judge Mohd Nazlan Mohd Ghazali however, allowed the defence’s bid to stay the execution of the sentence pending disposal of the appeal.
Nazlan has since been elevated to the Court of Appeal.
On Dec 8 last year, the Court of Appeal upheld the lower court’s ruling and dismissed Najib’s appeal.
The appellant also used to be SRC’s adviser emeritus and chairperson of 1MDB’s board of advisers. - Mkini
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