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31 March 2023

The Federal Court by 4-1 majority, rejected DS Najib Razak's application to review conviction and sentence in SRC International Case, thus August 23rd Decision Stays



 Najib remains in prison

ASTRO AWANI

Mac 31, 2023 



Najib is reported to have filed a petition to obtain a royal pardon on September 2 last year. - Image file



PUTRAJAYA: The Federal Court today rejected Datuk Seri Najib Razak's application to obtain permission to review the Federal Court's decision rejecting the final appeal of the RM42 million embezzlement case belonging to SRC International Sdn Bhd.

Following that, the decision made on 23 August last year by a panel of judges chaired by Chief Justice Tun Tengku Maimun Tuan Mat, which upheld Najib's guilty conviction, 12-year prison sentence and RM210 million fine, is permanent.

This means that the former Prime Minister remains in Kajang Prison and his last option to be released is through a royal pardon from the Yang di-Pertuan Agong.


Najib is reported to have filed a petition to obtain the pardon on Sept 2, 2022.

Today's proceedings were heard by a panel of five Federal Court Judges chaired by Chief Justice of Sabah and Sarawak Abdul Rahman Sebli, together with Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang, Datuk Nordin Hassan and Court of Appeal Judge Datuk Abu Bakar Jais.

The decision was made with a 4-1 majority, namely Vernon Ong, Rhodzariah, Nordin and Abu Bakar in favor of rejecting Najib's appeal as it was not meritorious.

Vernon Ong when reading the decision said that the right of the former Town Member of Parliament to get a fair trial was not denied during the appeal hearing.

On the other hand, he said, his lawyer, Datuk Hisyam Teh Po Teik refused to present oral arguments despite being allowed to do so by Tengku Maimun.

Therefore, he said, Tengku Maimun finally had to reject the appeal.

"In that regard, there was no error by the court during the hearing of Najib's appeal in the SRC International corruption case amounting to RM42 million by a panel of judges last year," he said at the Federal Court here, today.

The panel of judges made the decision after finding that the application for permission to review was more geared towards an application to review the merits of the panel's decision in the final appeal in August 2022.

Also present today was Najib's wife, Datin Seri Rosmah Mansor, accompanied by several lawyers, who arrived at the Palace of Justice at about 8.50am.

Hundreds of supporters who were seen waiting for Najib's appearance since 7am, on both main routes leading to the court building, were occasionally heard chanting 'Bossku' and 'Allahu Akbar'.

On 28 July 2020, High Court Judge at the time, Datuk Mohd Nazlan Mohd Ghazali found Najib guilty on seven charges of breach of trust, abuse of position and money laundering of SRC funds.

Mohd Nazlan accordingly sentenced Najib to 12 years in prison and a fine of RM210 million, and the decision was upheld by the Court of Appeal on 8 Dec 2021 and a five-judge panel of the Federal Court last August.




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