NEWS coverage of yesterday’s (Aug 19) proceedings in Datuk Seri Najib Abdul Razak’s final appeal in the RM42 mil SRC International corruption case was dominated by the former prime minister’s decision to discharge his new lawyers.
Many were shocked as well that Najib’s lead counsel, Hisyam Teh Poh Teik, was adamant in not proceeding with oral submissions, leading to the widely reported back-and-forth with Chief Justice Tun Tengku Maimun Tuan Mat.
The Federal Court also heard that Najib knew about the RM42 mil in funds from SRC International entering his personal accounts, and that fugitive businessman Low Taek Jho @ Jho Low was “managing” the Pekan MP’s bank accounts.
FocusM recaps what happened in court yesterday, based on news reports:
What the prosecution argued
According to Free Malaysia Today (FMT), the prosecution told the five-member bench that Najib knew about the RM42 mil entering his bank account through his affirmation of a Feb 23, 2016, affidavit in a previous lawsuit against former MCA chief Tun Dr Ling Liong Sik.
Ling, the then transport minister, reportedly said in 2015 that Najib “took people’s money and put it into his accounts”, following which Najib sought legal action. Najib, however, withdrew the suit one month after the 14th General Elections (GE14) in 2018.
Deputy public prosecutor Datuk V. Sithambaram noted that Najib’s defence in the SRC International case has been that he did not know the source of the RM42 mil.
“This is a deliberate lie as he, in his affidavit, confirmed his knowledge that the RM42 mil came from SRC International and entered his bank account,” Sithambaram said, FMT reported.
“This constitutes in law an admission in writing against (his) interest,” he added.
He also rubbished the defence’s position that Jho Low “manipulated” Najib’s accounts, pointing out that the former Ambank relationship manager who handled Najib’s accounts in her bank said she used to communicate with Jho Low and former SRC International CEO Nik Faisal Ariff Kamil about funds coming in or when funds in the accounts were low.
Sithambaram further noted that when the prosecution cross-examined Najib previously, he had said that he communicated with Low and his (Najib’s) late principal private secretary Datuk Azlian Alias to make sure there was “sufficient money” in his accounts.
“It would be obvious from the defence’s case that this argument lacked ingenuity and credibility as he (Najib) readily admitted that it was he who had instructed Jho Low, Azlin and Nik Faisal to ensure that his accounts had ready monies to enable him to issue countless cheques running into millions,” Sithambaram said, according to FMT.
Besides that, the former finance minister never lodged any complaint against Ambank over the RM42 mil when his accounts were closed from 2011 to 2015.
The prosecution concluded its submissions before the Federal Court yesterday.
“Tengku Maimun vs Hisyam Teh”
The defence did not make any submissions last week, and told the court it would not do so even when hearings continue next week.
Hisyam has repeatedly relayed to the court that he and his legal team from Messrs Zaid Ibrahim Suflan TH Liew & Partners, who were appointed as Najib’s new lawyers at the 11th hour, have not had enough time to prepare for the appeal.
Najib has since discharged the legal firm from representing him. Hisyam remains as Najib’s lead counsel after the Federal Court last week rejected his request to discharge himself.
After indicating to the court yesterday that no submissions will be made next week, Tengku Maimun asked: “Don’t tell us you are not prepared to submit any of the 94 grounds (listed in the petition of appeal filed by Najib’s former lawyers)?”
To this, Hisyam reiterated that no submissions will be made, even oral ones, to which Tengku Maimun said the bench will “deal with the matter” when court resumes.
Hisyam also seemed to have ticked off Tengku Maimun after asking if he could be excused on Tuesday as he has another matter to attend.
According to The Vibes, Tengku Maimun said: “I have already mentioned, we have stated so many times… (that) you are on record (as Najib’s lead counsel)…”
She also pointed out that the defence had three days to prepare its submissions before court resumes on Tuesday (Aug 23).
When Hisyam again said he will not make any submissions, Tengku Maimun said: “It is alright. It is your liberty.”
Background
In July 2020, the Kuala Lumpur High Court found Najib guilty of seven charges of power abuse, criminal breach of trust and money laundering in the SRC International case. He was also fined RM210 mil and sentenced to 12 years in jail.
Najib appealed the charges and fine at the Court of Appeal. Last December, the appellate court dismissed the appeal and ruled that Najib’s conviction, alongside the jail sentence and fine, should be upheld.
The Court of Appeal also infamously branded Najib’s conduct in the misappropriation of funds from SRC International – a former 1Malaysia Development Berhad (1MDB subsidiary) – as a “national embarrassment”. Najib used to be SRC’s adviser emeritus and chairperson of 1MDB’s board of advisers.
Najib is out on bail pending the Federal Court hearing, which ends next Friday (Aug 26).
Pending a royal pardon, Najib will go straight to jail if he loses the appeal as he has already exhausted all the appeals processes in the lower courts. He will also lose his MP title and privileges if his conviction is upheld.
Besides Tengku Maimun, the other judges hearing the appeal are Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd Diah. – Aug 20, 2022
Main photo credit: Reuters
