Will Najib Abdul Razak’s remaining legal team headed by Hisyam Teh Poh Teik mount oral submissions for the former prime minister’s appeal for acquittal from seven criminal charges linked to RM42 million of funds from SRC International?
We will be bringing you live updates of the hearing.
KEY HIGHLIGHTS:
Najib claims judicial misconduct in alleged verdict leak
ADSDefence fails to recuse chief justice
Chief justice denies another adjournment bid
Recusal bid against CJ clearest abuse of court process - DPP
ADSDPP questions why Najib did not raise recusal earlier
Apex court denies bid to postpone hearing
Shafee seeks 12-hour adjournment of hearing
Shafee returns to assist Najib's new legal team
Lawyer Hisyam submits briefly on SRC appeal
Najib files bid to recuse chief justice
Security beefed up
Chief justice: Najib’s own legal team refused to prepare defence
4.15pm: Chief Justice Tengku Maimun Tuan Mat rules there is no novel issue in Najib Abdul Razak’s appeal in the SRC case as it involves the finding of facts and settled legal precedents.
Tengku Maimun points out that Najib’s legal team was given every opportunity to orally submit on the main SRC appeal but they refused to do so.
Najib claims judicial misconduct in alleged leak of SRC decision
4.05pm: Najib Abdul Razak claims that the apex court had already prejudged him in the SRC appeal.
The former prime minister claims this is because of an alleged leak of the full decision at the blog Malaysia Today.
“This is judicial misconduct of the highest order (if the leak is true),” Najib claims.
The former prime minister concludes his statement.
The Federal Court’s five-person bench begins to read out the panel’s verdict.
Najib’s supporters wait in anticipation in the rain outside the Palace of Justice.
‘Trial judge Nazlan biased, could’ve been witness’
3.54pm: Former prime minister Najib Abdul Razak reiterates his claim that SRC trial judge Mohd Nazlan Mohd Ghazali is at risk of bias against him.
“Curiously, this (apex) court has said that the evidence regarding judge Nazlan has no relation to the charges against me. This court is correct, they don’t.
“What the evidence does show, however, is judge Nazlan’s predisposition towards an adverse position against me in 1MDB that taints his judgement when deciding on the charges here.
“He is potentially almost in a definite position to be a witness in the 1MDB case, and if he had known this matter earlier, he would have been called as a court witness at our instance in the SRC trial,” Najib claims.
Najib reiterates objection against chief justice’s possible bias
3.51pm: Former prime minister Najib Abdul Razak reiterates his objection on Chief Justice Tengku Maimun Tuan Mat from hearing his SRC appeal.
“I say this with the greatest of respect and I take no pleasure in raising this but over the past week, there have been numerous reports of sentiments against me placed in the public domain by Yang Amat Arif’s husband Zamani Ibrahim.
“In a particular Facebook posting dated May 11, 2018, two days after the 14th general election, Zamani Ibrahim has expressed his views that clearly show his distaste and disgust towards me and that I am directly responsible for the 1MDB and SRC debacles.
“That includes my culpability that is the subject matter of this appeal.
“The recent disclosure raises a serious question of Yang Amat Arif’s impartiality and judicious competency to hear this case. While I note the sentiments were raised by a spouse, it is not unreasonable to think that such sentiments are shared within the household, in a spousal relationship,” Najib claims.
If given time, my lawyers could adequately represent me - Najib
3.46pm: As he addresses the apex court, Najib Abdul Razak reiterates that he needs more time for his lawyers to represent him in the SRC appeal.
“This, I must repeat, leaves me with no counsel and I don’t know what to do. If given time of at least two months, I am confident I can assemble a team to adequately represent me – perhaps with a combination of my previous counsel and (defence counsel) Hisyam Teh Poh Teik in a consolidated team.
“In that proposed combination perhaps Hisyam can be brought up to speed by Shafee & Co to be able to understand the case within two months.
“Yang Amat Arif, on Monday, Hisyam said a hearing is like a contest. But right now, it seems like I’m put out of the contest, a contest that affects my liberty. I feel this is not cricket at all as there is total unfairness executed on me,” Najib claims in his plea for more time.
Apex court set to deliver verdict
3.30pm: Chief Justice Tengku Maimun Tuan Mat says that the apex court is prepared to deliver its verdict on Najib Abdul Razak’s main SRC appeal.
This prompts the former prime minister to deliver a written statement from the dock.
He reiterates that he feels unrepresented due to the apex court’s denial of his bid to adjourn the hearing for three to four months.
Najib claims that his right to a fair trial and the rule of law seem illusory, and that “at no point was I afforded the opportunity to explain myself, nor was I asked about the circumstances.”
He adds that the additional time is needed to prepare for such a major criminal appeal.
Tengku Maimun stays to hear Najib’s SRC appeal
3.27pm: Najib Abdul Razak fails to recuse Chief Justice Tengku Maimun Tuan Mat from hearing the former prime minister’s SRC appeal.
The top judge rules that there is no nexus between her husband’s 2018 Facebook post and that of the former finance minister’s appeal.
She notes that the Facebook post was put up before Najib was ever charged at the Kuala Lumpur High Court.
Apex court proceedings resume
3.20pm: Najib Abdul Razak enters the dock as the Federal Court reconvenes to deliver its verdict on the former prime minister’s bid to recuse Chief Justice Tengku Maimun Tuan Mat from hearing his main SRC appeal.
I may get convicted, Najib tells supporters
3pm: Speaking to supporters outside the Palace of Justice, Najib Abdul Razak laments the possibility of being convicted
“I have worked really hard, but it seems that my bids to the court have been rejected. So I have lost this case, I did not get justice. I didn’t get a lawyer in adequate time to prepare.
“The first time, I requested for a postponement but it was rejected. In my case, regardless of what I’ve asked for, it was not allowed.
“Now we wait for a decision, if it’s a bad one, I apologise. I have worked really hard, what’s important is our struggle.”
Prosecution, defence await apex court hearing to resume
2.39pm: The prosecution team and Najib Abdul Razak's lawyers are seen sitting down in the apex court, waiting for proceedings to resume.
They are waiting for the Federal Court to return with its decision on Najib’s application to recuse Chief Justice Tengku Maimun Tuan Mat from hearing his appeal in the RM42 million SRC International corruption case.
Rosmah spotted at Palace of Justice
1.20pm: Najib Abdul Razak's wife Rosmah Mansor is seen in the Palace of Justice, Putrajaya.
It is understood she is here to give support to the former prime minister.
Chief justice denies another adjournment bid
12.41pm: Lawyer Firoz Hussein Ahmad Jamaluddin applies for an adjournment to tomorrow the hearing of the recusal bid against Chief Justice Tengku Maimun Tuan Mat.
The lawyer says that he was asked to supplement the oral submissions by Hisyam Teh Poh Teik over reasons that the top judge needs to withdraw from hearing Najib's SRC appeal.
However, deputy public prosecutor V Sithambaram objects to the postponement bid.
It is understood that Firoz is not officially the counsel on record for Najib in the appeal.
"This is a court of law, not a circus, people walk in and out, there ought to be decorum," Sithambaram orally submits.
The top judge then denies the adjournment bid, directing for a short standdown of proceedings for them to decide over the recusal bid against her.
"Hisyam has raised comprehensive submissions (over the recusal bid)," Tengku Maimun says.
Light drizzle, Najib’s supporters disperse
12.20pm: The supporters of Najib Abdul Razak who were in high spirits this morning slowly disperse as a light drizzle begins.
Recusal bid against CJ clearest abuse of court process - DPP
12.17pm: Deputy public prosecutor V Sithambaram contends that the recusal application against Chief Justice Tengku Maimun Tuan Mat brings disrepute to the administration of justice.
"This is the clearest abuse of the process of the court, as you (Najib's legal team) did not reveal everything, you wait for the progress of the case, when everything seems against you, you bring out the pigeon," the DPP tells the apex court.
DPP questions why Najib did not raise recusal earlier
12.09pm: Deputy public prosecutor V Sithambaram questions why Najib Abdul Razak's legal team did not raise the issue of the alleged bias of Chief Justice Tengku Maimun Tuan Mat earlier.
The prosecutor points out that the whole recusal application against the top judge was done in bad faith (mala fide) as the Facebook posting by her husband was made in 2018.
The DPP, however, notes that Najib's lawyers only filed the recusal application late last night.
"These two grounds (behind the recusal bid), they could have done it four years ago or a few months back over Your Honour's husband.
"This application is mala fide and done deliberately to scuttle progress of this case (main SRC appeal)," Sithambaram contends.
Lawyer: Recusal necessary as long as bias possibility exists
11.45am: Najib Abdul Razak's lawyer Hisyam Teh Poh Teik orally submits that as long as there exists the possibility of bias on the part of Chief Justice Tengku Maimun Tuan Mat, then it is only correct for her to withdraw from hearing the former premier's SRC appeal.
Hisyam cites two grounds for the recusal application - namely the relationship between Tengku Maimun and her husband, and the top judge's alleged involvement in the Malaysian Bar organising the Walk for Justice for SRC trial judge Mohd Nazlan Mohd Ghazali.
Shafee leaves courtroom after failed adjournment bid
11.40am: Lawyer Muhammad Shafee Abdullah is seen leaving the Federal Court.
This is after the apex court denied his bid to adjourn the hearing to tomorrow so he could prepare oral submissions to support Najib Abdul Razak's recusal application.
The former prime minister is seeking to recuse Chief Justice Tengku Maimun Tuan Mat from presiding over his main SRC appeal.
Earlier during proceedings, Shafee had informed the court that he has a symposium at Parliament this afternoon that he needed to attend.
Apex court denies bid to postpone hearing
11.30am: The five-person bench chaired by Chief Justice Tengku Maimun Tuan Mat dismisses the application to postpone the hearing to tomorrow morning.
The top judge then directs lawyer Hisyam Teh Poh Teik to resume his oral submissions on the recusal bid against her.
Prosecution objects to latest bid to adjourn hearing
11.27am: Deputy public prosecutor V Sithambaram objects to the bid by lawyer Muhammad Shafee Abdullah to postpone to tomorrow the hearing of Najib Abdul Razak's recusal bid against Chief Justice Tengku Maimun Tuan Mat.
The prosecutor contends that "the manner this case had gone on, including this (recusal) application, is mala fide (of bad faith) and with intent to delay the case".
Shafee seeks 12-hour adjournment of hearing
11.20am: Lawyer Muhammad Shafee Abdullah applies for the Federal Court to adjourn the hearing of Najib Abdul Razak's recusal application against Chief Justice Tengku Maimun Tuan Mat to tomorrow morning.
He reiterates that he is only here to assist the former prime minister's new legal team under Hisyam Teh Poh Teik in the recusal bid.
Shafee says that there was never any attempt to delay the apex court proceedings.
Shafee says the adjournment is needed so he could mount proper oral submissions tomorrow on Najib's recusal bid against Tengku Maimun.
Shafee returns to assist Najib's new legal team
11.09am: Lawyer Muhammad Shafee Abdullah will be coming to assist Najib Abdul Razak's new lawyers under Hisyam Teh Poh Teik.
Hisyam informs the apex court that Shafee is on the way to the Palace of Justice in Putrajaya, and asks for a short adjournment.
However, Chief Justice Tengku Maimun Tuan Mat does not allow the bid, ordering Hisyam to just begin oral submission on the recusal application against her.
The top judge adds that Shafee can join in later when he arrives.
Apex court hearing resumes
11.08am: The five-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat reconvenes, with appellant Najib Abdul Razak seen in the dock.
Apex court stands down to peruse recusal application
10.05am: Chief Justice Tengku Maimun Tuan Mat orders proceedings to stand down temporarily.
The top judge seeks this so that the five-person bench can peruse copies of the recusal application against her.
The recusal application was filed yesterday.
Lawyer Hisyam submits briefly on SRC appeal
9.50am: Chief Justice Tengku Maimun Tuan Mat directs lawyer Hisyam Teh Poh Teik to begin oral submission on the main SRC appeal, while the bench awaits copies of the application.
The counsel then begins submitting the legal issue of representation previously raised by the prosecution when arguing for the dismissal of Najib Abdul Razak's appeal.
Najib files bid to recuse chief justice
9.44am: Najib Abdul Razak's lawyer Hisyam Teh Poh Teik informs the court that they have filed an application yesterday to recuse Chief Justice Tengku Maimun Tuan Mat from presiding over the former prime minister's SRC appeal.
According to copies of Najib's affidavit in support of the recusal bid, he claims that on Aug 17, he found out about a Facebook posting by Tengku Maimun's husband, Zamani Ibrahim.
He alleges that the FB post - dated May 11, 2018 - had among others expressed happiness at him being 'dethroned' following the 14th general election that year.
Najib contends that this development shows a risk of bias on the top judge's part.
Federal Court reconvenes
9.40am: Najib Abdul Razak enters the dock as the apex court hearing of his appeal resumes.
Najib inside courtroom
9.25am: Former prime minister Najib Abdul Razak is seen sitting in the public gallery of the apex court, waiting for proceedings to begin.
The former finance minister is also seen chatting with his son Mohd Nizar.
Najib arrives at the Palace of Justice
9.21am: Najib Abdul Razak arrives at the Palace of Justice and is greeted with chants of ‘Hidup Bossku’ (long live Bossku).
Despite police attempts to control the crowd, supporters bravely crowd around Najib’s car to show their support.
He waves at the crowd before entering the building.
They continue to chant and proceed with a short prayer for the former premier.
Security beefed up
9am: Putrajaya district police chief A Asmadi Abdul Aziz confirms that security has been beefed up this week.
Without revealing the manpower strength that would be involved, he tells Bernama that police personnel have been deployed as usual for security purposes at the Palace of Justice since proceedings began on Aug 15 and that the number has been increased for this week.
"Until Aug 26, additional personnel will be put on duty as and when needed. For now, the police are on standby," he says.
Najib’s supporters gather outside Palace of Justice
8.45am: Over 100 of Najib Abdul Razak's constituents and supporters have travelled all the way from Pekan, Pahang in support of the former premier.
More continue to trickle in.
According to a supporter, who only wants to be known as Yasmin, four buses were chartered for the occasion.
Speaking to the press, Yasmin believes that the judicial process has not been entirely fair to Najib.
“Why wasn’t Najib given the right as a Malaysian citizen to fight for himself? He has the right to present (evidence) that is needed. Why did the court stop him?”
The crowd is also heard shouting “Bossku” and “Allahuakbar”.
Day 5: Najib’s final appeal continues
8am: On Friday last week, the five-person apex court bench chaired by Chief Justice Tengku Maimun Tuan Mat gave the defence team the opportunity to prepare oral arguments for today.
This followed on the heels of Hisyam last week informing the Federal Court that he would not be making oral submissions.
He had informed the bench that the former prime minister’s legal team would rely on written and oral arguments mounted by Najib’s previous legal team - headed by Muhammad Shafee Abdullah - when the appeal was before the Court of Appeal.
Hisyam had also unsuccessfully tried the following - to adduce fresh evidence in the case, adjourn the main hearing for three to four months so the team could prepare adequately for the case, withdraw from representing Najib, and vacate today and tomorrow’s hearing.
Last week, Najib discharged his lawyers from the law firm Zaid Ibrahim Suflan TH Liew & Partners, leaving only a portion of the legal team from Hisyam’s law firm.
The prosecution, led by deputy public prosecutor V Sithambaram, wrapped up their oral submissions last Friday.
The other Federal Court bench members 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.
On July 28, 2020, the High Court in Kuala Lumpur found Najib guilty of one count of abuse of power, three counts of criminal breach of trust (CBT), and three money laundering charges.
However, the trial judge Mohd Nazlan Mohd Ghazali allowed the defence’s bid to stay the execution of the sentence of 12 years in jail and RM210 million fine, 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.
Najib, who is also former finance minister, was SRC’s adviser emeritus and chairperson of the 1MDB’s board of advisers. Both entities are fully owned by the Minister of Finance Incorporated (MOF Inc).
Initially a subsidiary of 1MDB, SRC was later wholly transferred to MOF Inc. - Mkini
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