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Tuesday, August 23, 2022

Of Circuses, Affidavits And "Circus-sy" Affidavits - This Case Is SRC Lah, Not IMDB !!

 *CONCLUSION* : Najib GUILTY as Charged

[38] Based on the foregoing, it is our unanimous view that the evidence led during the trial points overwhelmingly to guilt on all seven charges so much so that it would have been a travesty of justice of the highest order if any reasonable tribunal, faced with such evidence staring it in the face, were to find that the appellant is not guilty of the seven charges preferred against him.


[39] We are not satisfied that that any of the findings of the Courts below are perverse so as to warrant appellate intervention from this Court. As such, it is our unanimous finding that the appellant’s conviction on all the seven charges is safe.

[40] These appeals are therefore unanimously dismissed and the conviction and sentence are affirmed.
Dated: 26th August, 2022.


(TENGKU MAIMUN BINTI TUAN MAT)
Chief Justice, Federal Court of Malaysia.
(ABANG ISKANDAR BIN ABANG HASHIM)
Chief Judge of Sabah and Sarawak, Federal Court of Malaysia.
(NALLINI PATHMANATHAN) Judge, Federal Court of Malaysia.
(MARY LIM THIAM SUAN) Judge, Federal Court of Malaysia.
(MOHAMAD ZABIDIN BIN MOHD DIAH) Judge, Federal Court of Malaysia.

My Comments :

I have been out the whole day on business matters. So I could not post anything this morning, despite all the Whatsapps whizzing in the phone. The DPP said this : 

 

 

The earlier lawyer Shafee Abdullah (who had been dismissed) suddenly made a re-appearance as Najib's lawyer. But when his request (for another delay) was denied, he left the scene again - almost like a puff of smoke.  Poof he is here! Poof he is gone! 

Then yet another lawyer walked into the Court room which prompted the DPP's "circus" statement above. 

But taking the cake today has to be a new affidavit that they filed this morning. The central theme of the affidavit is this material below purportedly written by the husband of the Chief Justice. First lets take a look at the two page portion of this Facebook posting. You can zoom in :

 



 

My Comments : 

1. Dated 11th May 2018

The first thing we notice is that the date of this FB posting was 11 May 2018 - two days AFTER Najib had lost the General Elections on 9 May 2018.

SO NAJIB WAS NO MORE PRIME MINISTER. ON 11 MAY 2018 HE WAS JUST ORDINARY CITIZEN NAJIB.  

Because paragraph 8 of the new affidavit says:

8. I verily believe that these developments are highly disturbing in light of the fact that the said Zamani Ibrahim clearly has negative sentiments towards my leadership of this country while I was prime minister and had concluded I had siphoned sovereign government funds into my personal accounts

Well Sir, do allow me to putteth to thee that I too am verily imbued with the fact that just two days before on 9 May 2018, thou had just had your butt kicked by the majority of voters in the country.  Over 5.5 million votes won by PH on 9/5/18 was evidence enough that over 5.5 million voters clearly had negative sentiments towards your leadership of this country.   

So the candid remarks in a simple Facebook posting above on 11 May 2018 was indeed the talk of the whole country. 

That you siphoned funds into your personal funds was the main platform of the winning party (Pakatan Harapan) throughout the election campaign. 5.5 Million voters agreed. The FB posting above is likely one of those 5.5 million views.  

2. On 11 May 2018 Najib had not been charged yet

Also on 11th May 2018 Najib had not yet been charged with anything. So there was no risk of "subjudice".  Meaning it was NOT "under judicial consideration and therefore (not) prohibited from public discussion elsewhere".

Also at that time Tun Tengku Maimun WAS NOT the Chief Justice of the Federal Court of Malaysia.

AT THAT TIME there was also no way of anyone knowing that you would be :

i. acquitted or found guilty by the High Court in July 2020

ii. then acquitted or found guilty by the Court of Appeal in December 2021

iii. and finally turn up in front of Tun Tengku Maimun at the Federal Court

In 2018 there was no way of knowing that Tun Tengku Maimun would even become the Chief Justice of the Federal Court of Malaysia

3. There is no mention of SRC in that Facebook posting. Najib is being tried over SRC. This is NOT a 1MDB trial !!

Finally there is no mention of SRC in that Facebook posting. It only mentions 1MDB. 

Najib Razak, you have been found guilty on all counts and sentenced to 12 years in jail with regards to the crime of siphoning out RM42 million from SRC International. Not 1MDB lah! 

FINAL COMMENTS : Change your plea. You can still plead guilty from inside jail. Confess to everything. Name names, point fingers, spill all the details. Return ALL the money. 

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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