Former prime minister Najib Abdul Razak will know today whether he succeeds in his second bid before the Federal Court against his conviction and sentencing in the RM42 million SRC International corruption case.
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Dissenting judge wraps up reading judgment
11.31am: Chief Judge of Sabah and Sarawak Abdul Rahman Sebli wraps up reading his dissenting judgment, and proceedings adjourn.
Najib Abdul Razak in the dock is seen conferring with lead defence counsel Muhammad Shafee Abdullah.
The former prime minister is expected to be brought back to Kajang Prison.
Dissenting judge: Najib's right to fair trial defeated
10.57am: Chief Judge of Sabah and Sarawak Abdul Rahman Sebli says that the previous apex bench chaired by Chief Justice Tengku Maimun Tuan Mat defeated Najib Abdul Razak's right to a fair hearing.
Rahman, who makes up the sole dissenting ruling in today's five-person apex bench, says that this happened when the previous apex bench refused an application by the former prime minister's then-legal team to adjourn the SRC appeal so they could prepare for the appeal.
"Adjournment was not to scuttle the appeal but done in good faith so his lawyers could prepare for the appeal," Rahman says.
‘Previous bench didn't consider whether justice was miscarriage’
10.50am: Chief Judge of Sabah and Sarawak Abdul Rahman Sebli says the previous apex bench did not consider whether the refusal to allow adjournment in the SRC appeal hearing would bring miscarriage of justice to Najib Abdul Razak.
Rahman, who makes up the dissenting ruling in today's five-person apex bench which he also chairs, notes that the previous apex bench chaired by Chief Justice Tengku Maimun Tuan Mat did not apply its mind on the issue.
Last year during the SRC appeal hearing, the then apex bench denied an application by the former prime minister's then-legal team to adjourn the appeal hearing for three to four months to allow the lawyers sufficient time to prepare for the appeal.
Dissenting judge: Najib’s side of story not heard in appeal
10.42am: Chief Judge of Sabah and Sarawak Abdul Rahman Sebli says that Najib Abdul Razak's side of the story was not heard at all during the SRC appeal hearing last year.
Forming the sole dissenting ruling in today's five-person bench, the bench chairperson says that the prosecution last year presented oral submission for two days while the former prime minister presented no submission at all.
Rahman says this defeats the right of a party in a legal matter and thus the apex court has to intervene in such situations.
"The (apex) court (last year) should have invited the applicant (Najib) to speak first before allowing the deputy public prosecutor to speak, but this was not done," Rahman says, noting this is especially should as Najib's then lawyer had refused to submit due to the previous bench denying an application to adjourn the appeal hearing so the lawyers can prepare for the appeal.
Dissenting judge: Adjournment bid was made in good faith
10.31am: Chief Judge of Sabah and Sarawak, Abdul Rahman Sebli who is the sole dissenting judge in today's five-person apex bench, says that an application by Najib Abdul Razak for an adjournment of the SRC appeal hearing last year was made in good faith.
Last year, the apex bench chaired by Chief Justice Tengku Maimun Tuan Mat denied an application by the former prime minister's then-legal team to adjourn the appeal hearing so that they could prepare adequately for the appeal.
Dissenting judge: Hisyam unprepared to deal with 30k documents
10.28am: Chief Judge of Sabah and Sabah Abdul Rahman Sebli, who is the sole dissenting ruling to allow the SRC review application, says that Najib Abdul Razak's then counsel Hisyam Teh Poh Teik was unprepared to submit during the RM42 million SRC appeal last year.
He says that this was due to the previous apex bench chaired by Chief Justice Tengku Maimun Tuan Mat not allowing an application to adjourn the SRC appeal hearing last year.
"Applicant (Najib) should not be made to pay the price for the lawyer's mistake," Rahman says.
Najib looks on as dissenting ruling read out
10.11am: Former prime minister Najib Abdul Razak looks on from the dock as Chief Judge of Sabah and Sarawak Abdul Rahman Sebli reads out the sole dissenting ruling that allows the review application.
Sombre morning for Najib’s supporters
10am: The atmosphere outside of the court complex turns sombre after the verdict for Najib Abdul Razak’s second bid before the Federal Court against his conviction and sentencing in the RM42 million SRC International corruption case was meted out.
Over 100 Najib’s supporters, who gathered as early as 7.30am in the hope of good news, are devastated to learn that the former prime minister will continue serving his 12-year jail sentence.
Some say the verdict is somewhat “as expected”.
Some supporters have left while others are staying put, hoping to catch a glimpse of Najib before he goes back to Kajang Prison.
Court in majority 4-1 verdict dismisses Najib's bid
9.51am: The apex court in a 4-1 majority decision dismisses Najib Abdul Razak's review application against his RM42 million SRC International corruption case.
One dissenting judgment is being read out by bench chairperson Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.
The majority decision to dismiss the review application comprises the other bench members, namely Federal Court judges Vernon Ong, Rhodzariah Bujang and Nordin Hassan, as well as Court of Appeal judge Abu Bakar Jais.
Judge: Najib author of own misfortune
9.49am: Federal Court judge Vernon Ong says on behalf of the five-person bench that Najib Abdul Razak is the author of his misfortune.
‘CJ rightly decided not to recuse self from Najib's appeal’
9.43am: Federal Court judge Vernon Ong says on behalf of the five-person apex bench that Chief Justice Tengku Maimun Tuan Mat was right to decide not to recuse herself from hearing Najib Abdul Razak's SRC appeal hearing last year.
‘Up to court whether to allow Hisyam to discharge himself’
9.38am: Federal Court judge Vernon Ong says on behalf of the five-person apex bench that it is up to the Federal Court whether to allow Najib Abdul Razak's previous counsel from discharging himself from acting for the prime minister.
Ong says there is no merit in the argument that the previous bench chaired by Chief Justice Tengku Maimun Tuan Mat had erred in barring Najib's then counsel Hisyam Teh Poh Teik from discharging himself during the SRC appeal hearing last year.
No miscarriage of justice, says Federal Court judge
9.35am: Federal Court judge Vernon Ong says on behalf of the five-person bench that there has not been a miscarriage of justice in the hearing of Najib Abdul Razak's appeal against the RM42 million SRC International case before a previous apex bench last year.
Judge: Najib's counsel given opportunity to submit
9.30am: Federal Court judge Vernon Ong says on behalf of the five-person apex bench that Najib Abdul Razak's right to a fair trial was not denied during the SRC appeal hearing last year.
The judge notes that the former prime minister's then counsel refused to make oral submission despite being allowed to do so by Chief Justice Tengku Maimun Tuan Mat, who led the previous apex bench that dismissed the appeal.
Ong was referring to lawyer Hisyam Teh Poh Teik who did not make oral submissions despite being invited to do so during the SRC appeal hearing last year.
Judge: Up to bench whether to allow adjournment
9.20am: Federal Court judge Vernon Ong says on behalf of the five-person bench that it is up to the court to decide whether to allow adjournment of the appeal hearing or not.
One of the contentions behind Najib Abdul Razak's review application was that the previous apex bench last year erred in not allowing the former prime minister's legal team an adjournment of three to four months in the SRC appeal.
Judge: Apex court not treating review as appeal
9.10am: Federal Court judge Vernon Ong says the five-person bench is not looking at the review application like an appeal but at other issues such as whether Najib Abdul Razak was denied a fair trial, among others.
Judge Vernon Ong reads out judgment
9.05am: Federal Court judge Vernon Ong reads out the judgment on behalf of the five-person apex bench.
Proceedings begin
9.02am: The Federal Court convenes, with former prime minister Najib Abdul Razak seen seated in the dock.
Najib and Rosmah enter public gallery
8.55am: Najib Abdul Razak and his wife Rosmah Mansor are seen seated together in the public gallery while waiting for the Federal Court proceedings to begin.
The former prime minister, clad in a black suit and tie, and his wife in green baju kurung, are chatting together in the crowded public gallery while several red-hat Kajang Prison officers are seated nearby.
Rosmah seen in Palace of Justice
8.53am: Najib Abdul Razak's wife Rosmah Mansor is seen walking through the corridors of the Palace of Justice.
She is there to give support to the former prime minister in his review application in the RM42 million SRC International corruption case.
Prosecution, defence teams seen in apex court
8.40am: Deputy public prosecutor Mohd Ashrof Adrin Kamarul and several members of the prosecution team are seen in the Federal Court.
Former prime minister Najib Abdul Razak's lead defence counsel Muhammad Shafee Abdullah is also seen with other members of the defence team, preparing for proceedings to begin.
Here for Najib
8.30am: Dozens of Najib Abdul Razak's supporters are gathering near the entrance of the Federal Court, eagerly awaiting a ruling in their favour.
The court is mostly quiet and orderly.
The five-person Federal Court bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli would decide whether to allow or dismiss the former finance minister’s review application against an earlier apex court verdict to uphold his guilty verdict as well as his 12-year jail sentence and RM210 million fine.
If the Federal Court does not dismiss the review bid, it could either order for a retrial of Najib’s case before a new High Court judge other than Mohd Nazlan Mohd Ghazali, a rehearing of his appeal before a fresh Federal Court bench not led by Chief Justice Tengku Maimun Tuan Mat, or a full acquittal over the seven charges of abuse of power, criminal breach of trust, and money laundering.
The other members of the bench presiding over the review application are Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang, and Nordin Hassan, as well as Court of Appeal judge Abu Bakar Jais.
The Federal Court had heard the review bid over a six-day period that began on Jan 19, proceeded through Feb 20 to 22 and 27, and ended on Feb 28.
On Aug 23 last year, a separate Federal Court panel chaired by Tengku Maimun dismissed Najib’s appeal to set aside his guilty verdict as well as a 12-year jail sentence and RM210 million fine in the graft case.
Having exhausted his appeals before the Court of Appeal and the Federal Court, Najib has gone before the current Federal Court panel to hear his review of the case.
Incarcerated in Kajang Prison, Najib is also pursuing other avenues outside the judiciary, namely a petition for a royal pardon as well as a petition before the United Nations over his alleged arbitrary detention.
Through the present review application, Najib contended that trial judge Nazlan, who has since been elevated from the High Court to the Court of Appeal, was in a conflict of interest when he heard and decided on the SRC International case in July 2020.
Najib claimed, among others, that the judge was allegedly aware that Maybank Investment (an entity of Maybank Group) and BinaFikir (another entity of Maybank Group) had advised sovereign wealth fund 1MDB in the matters of the setting up of SRC International.
Najib alleged that the conflict of interest arose due to Nazlan’s previous role as a general counsel with Maybank.
Initially, a subsidiary of 1MDB, SRC became fully owned by the Minister of Finance Incorporated (MOF Inc). 1MDB is also fully owned by MOF Inc.
Najib’s review bid also targets the previous panel’s three other decisions.
They are the decisions denying his bid to produce additional evidence to strengthen his allegations against Nazlan, rejecting his bid to postpone the appeal hearing so his lawyers could have more time to prepare for the appeal and denying his application to recuse Tengku Maimun over alleged conflict of interest. - Mkini
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