After two days of the hearing, the apex court is finally set to hear Najib Abdul Razak’s final appeal to quash his conviction and sentencing in the RM42 million SRC International corruption case.
We will bring you the live reports of the proceedings.
KEY HIGHLIGHTS:
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
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.
However, the lawyer refuses to present his submission for the appeal, so the court allows the prosecution to submit.
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.
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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