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:
Shafee to return to assist Najib's new legal team
Lawyer Hisyam submits briefly on SRC appeal
Najib files bid to recuse chief justice
Security beefed up
Shafee to return 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 ACP 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 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”.
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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