SRC: Najib's fate will be known tomorrow
Mac 30, 2023
If the court grants Najib's application to review, the panel of judges will set another date for the proceedings.
PUTRAJAYA: The Federal Court here on Friday will decide whether former Prime Minister, Datuk Seri Najib Tun Razak is allowed to review his conviction and sentence in the RM42 million embezzlement case of SRC International Sdn Bhd or vice versa.
It will be decided by a panel of five judges from the Federal Court led by the Chief Justice of Sabah and Sarawak, Abdul Rahman Sebli together with Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang and Datuk Nordin Hassan including Court of Appeal Judge Datuk Abu Bakar Jais.
If the court grants Najib's application to review, the panel of judges will set another date for the proceedings.
There is also a possibility that the five-judge panel will hear revision arguments from both sides, on the same day, which is this Friday.
However, if the court rejects the former Pekan Member of Parliament's application, his last option is to remain in Kajang Prison and seek a royal pardon from the Yang di-Pertuan Agong.
Reportedly, Najib has already filed a petition to obtain a pardon on September 2, 2022.
On September 6 last year, Najib filed an application to review the Federal Court's decision, which upheld his conviction, sentence and fine for misappropriating SRC funds.
Through the notice of motion filing the notice of motion through the law firm Messrs. Shafee & Co, Najib made a number of requests, firstly, requesting an order that the decision of his main appeal be set aside and that he be acquitted of the charges.
Secondly, Najib applied for a review of the decision of the panel of five judges of the Federal Court chaired by the Chief Justice, Tun Tengku Maimun Tuan Mat, on August 23, which did not grant a stay of proceedings following the withdrawal of his defense lawyer, Datuk Hisyam Teh Poh Teik.
Next, he applied for his appeal to be heard by another Federal Court quorum, not less than seven Federal Court judges or those deemed appropriate by the court.
He also requested to present additional evidence involving the High Court Judge, Datuk Mohd Nazlan Mohd Ghazali (currently Judge of the Court of Appeal) and the cancellation of the trial or declared invalid.
In the affidavit, he believed and was advised by his solicitor that the decision of the Federal Court could be reviewed in accordance with Rule 137 of the Federal Court Rules 1995.
In this proceeding, Deputy Public Prosecutor, Datuk V Sithambaram was on the prosecution side while Najib as the appellant was represented by lawyer, Tan Sri Muhammad Shafee Abdullah.
On 22 July 2020, the High Court here found Najib guilty of seven charges of breach of trust, abuse of position and money laundering of SRC funds.
Najib was sentenced to 10 years in prison for each of three cases of breach of trust and three cases of money laundering each while 12 years in prison and a fine of RM210 million, if not five years in prison for one case of abuse of position.
However, Najib only had to serve 12 years in prison after the judge ordered the sentences to run concurrently.
The conviction and sentence against Najib was later upheld by the Court of Appeal and the Federal Court.
Najib, who is now 70 years old, is currently serving a 12-year prison sentence in Kajang Prison after failing in his last appeal at the Federal Court to set aside the conviction, sentence and fine on August 23 last year.
Source : Astro Awani
