THERE is a lot of uncertainty about what will happen in Datuk Seri Najib Razak’s final appeal over the SRC International case, following his lawyer’s refusal to make any submissions to defend the former prime minister.
On Friday (Aug 19), Najib’s lead counsel Hisyam Teh Poh Teik informed a five-member Federal Court bench led by Chief Justice Tun Tengku Maimun Tuan Mat that he would not even present oral submissions for his client.
Tengku Maimun, however, said the court will deal with the matter next Tuesday (Aug 23) when the hearing continues.
In response to this, some members of the legal fraternity are of the opinion that the apex court could immediately make a ruling even if there were no submissions from Najib’s counsel.
Lawyer Mohamed Haniff Khatri said this was because the court could decide based on the written submissions filed previously by Najib’s defence team at the Court of Appeal last year.
He said its decision can also be based on the petition of appeal filed by Najib’s previous solicitors on April 25 this year, which gave 94 grounds on why Najib should be acquitted.
“There are enough materials before the Federal Court to deliberate upon even in the absence of oral submissions. Hence, there is no way the case will be adjourned,” he said.
Lawyer Lim Wei Jiet concurred, saying that as the country’s highest court, it will likely decide based on the grounds of appeal in the memorandum of appeal, appeal records as well as the previous submissions by Najib’s defence team to the Court of Appeal.
Meanwhile, Datuk Dr Gurdial Singh Nijar said the court might conclude the hearing on that day but would reserve its judgment to a date to be fixed later.
The prosecution, led by ad hoc prosecutor Datuk V. Sithambaram, when wrapping up its submissions on Friday (Aug 19), said the court could proceed to deliberate on a decision in the absence of the former prime minister’s fresh written or oral submissions.
Precedent to “proceed accordingly”
Citing case law, Sithambaram submitted that there was precedent for the court to “proceed accordingly” as the defence had stated that they did not plan to file any fresh submissions for the appeal.
Friday was the second day of sitting of the panel, which also comprises 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, to hear Najib’s final appeal to quash his conviction and sentence.
The two days of the proceedings saw twists of events one after another. Hisyam had first sought to recuse himself from representing Najib but his request was turned down by the court and it directed the prosecution to submit.
Hisyam on Friday had also told the panel that Najib had discharged his solicitors, Zaid Ibrahim Suflan TH Liew & Partners, from representing him.
The lawyer once again asked the court to postpone the hearing to Thursday (Aug 25) as he had other cases on Tuesday and Wednesday, but it was rejected by the court.
On Aug 16, the court dismissed Hisyam’s application to postpone the appeal hearing and ordered the appeal to proceed on Aug 18.
On July 28, 2020, then High Court judge Datuk Mohd Nazlan Mohd Ghazali, who is now a Court of Appeal judge, sentenced Najib to 10 years’ jail on each of the three counts of criminal breach of trust (CBT) and each of the three counts of money laundering, and 12 years’ jail and an RM210 mil fine, in default five years’ jail, in the case of abuse of power.
Last year, the Court of Appeal upheld the High Court’s decision and dismissed Najib’s appeal to set aside his conviction and jail sentence as well as the fine. – Aug 21, 2022
Main photo credit: Reuters
