Najib remains free pending appeal outcome in Federal Court

 

Najib Razak has filed a notice of appeal to the Federal Court after the Court of Appeal upheld his conviction and sentence in the RM42 million SRC International Sdn Bhd corruption case. (Bernama pic)

PUTRAJAYA: Najib Razak will remain free pending the outcome of his SRC International Sdn Bhd corruption appeal to the Federal Court.

This follows the decision by the three-member Court of Appeal bench chaired by Abdul Karim Abdul Jalil to allow the former prime minister’s application for a stay of execution and sentence.

“We allow the application as per the terms and conditions of the High Court,” said Karim, who sat with Has Zanah Mehat and Vazeer Alam Mydin Meera.

Last year, trial judge Mohd Nazlan Mohd Ghazali allowed the application by the defence to stay the jail sentence in view of the hefty fine imposed.

He had sentenced the Pekan MP to 12 years’ jail and fined him RM210 million after finding him guilty on seven counts of corruption.

However, Nazlan raised Najib’s bail from RM1 million to RM2 million in two sureties.

He also ordered Najib to report to the police station of his choice on the first and 15th of every month.

Najib’s lead counsel, Muhammad Shafee Abdullah, submitted before the bench that the stay should be allowed since the notice of appeal to the Federal Court had been filed.

He urged the bench to allow his client to remain free based on the conditions imposed by the High Court.

Ad hoc prosecutor V Sithambaram said he had instructions to leave it to the court to use its discretion.

Earlier today, the Court of Appeal affirmed the conviction and sentence imposed on Najib by the High Court.

In a unanimous decision, Karim said Nazlan did not misdirect himself for an appellate intervention.

Najib to remain Pekan MP

Meanwhile, a lawyer said Najib will remain the Pekan MP following the filing of a notice of appeal to the Federal Court.

A Srimurugan said the seat would only be vacated if he failed to file his notice of appeal within 14 days from today.

“Article 48(4)(b) of the Federal Constitution is clear that Najib could remain MP until he exhausts his appeal in the apex court,” he said.

Article 48(1)(e) of the constitution states that an elected representative is disqualified if he or she is convicted and sentenced to a jail term of more than a year or fined RM2,000 and more and has not received a free pardon.

Srimurugan, however, said Najib risks losing an opportunity to contest in a snap or general election should the Federal Court not hear his appeal.

“This is because his status will remain as a convicted person unless the apex court reverses the Court of Appeal decision,” he said. - FMT