PUTRAJAYA: Datuk Seri Najib Abdul Razak’s main appeal to set aside his conviction and sentence in the RM42 million SRC International Sdn Bhd case will be heard on Thursday, Aug 18.
This followed the decision of the Federal Court’s five-member panel led by Chief Justice Tun Tengku Maimun Tuan Mat in dismissing Najib’s application to postpone the hearing of his appeal, earlier.
“The main appeal will proceed on Thursday at 9.30 am,” Tengku Maimun said.
This is the former premier’s final appeal after a three-man bench of the Court of Appeal on Dec 8 last year upheld the Pekan MP’s conviction and sentence of 12-year jail and RM210 million fine imposed on him by the High Court Judge Datuk Mohd Nazlan Mohd Ghazali on July 28, 2020.
The other judges on the bench 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.
In delivering the court’s decision, Justice Tengku Maimun ruled that request for postponement made by Najib’s lead counsel Hisyam Teh Poh Teik for a period of at least three to four months was unanimously refused as the right to a fair trial is that justice cannot be unduly delayed.
“In this regard, we remind ourselves of the Chief Justice’s Code of Ethics, which states that cases of this nature must be prioritised. The stark reality was that considerable public funds would be wasted if granting an adjournment in a case of this kind was an easier option.
“Article 8 of the Federal Constitution and the Rule of Law demand that the appellant be treated just like any other accused. As such, we state again that while the appellant is entitled to his right to change his counsel, he was not entitled to make this choice at the expense of the court, the prosecution or the entire justice system,” she said, adding that the defence seeks an adjournment of these appeals for the simple reason that they were not prepared.
Justice Tengku Maimun stressed that the time taken on this case, especially the number of days fixed for hearing means many other criminal cases and accused persons have had to wait their turn for their appeals to be heard.
“Justice delayed, in this case, is also justice denied to other accused persons,” she said.
In the context of this case, Justice Tengku Maimun said, the court accepted unreservedly the notion that the right to a fair trial was part and parcel of the right to life and personal liberty guaranteed by Article 5(1) of the Federal Constitution.
“This leads us to the primary reason given by counsel for the appellant in favour of an adjournment which we stated earlier. In short, an adjournment ought to be granted because the new defence team needs adequate time to prepare. In the other words, they are not ready.
“We start by saying that we agree that in appropriate cases, where counsel was not ready to proceed for legitimate reasons, the court should be minded to adjourn a cause or matter. We do not think this is the case here,” she said adding that the counsel shall make every effort to be ready for trial.
Justice Tengku Maimun said, in fact, that the appellant had been well aware of the dates fixed for the hearing and elected to discharge his former solicitors and appoint Messrs Zaid Ibrahim and Hisyam as his solicitors and counsel respectively.
“This is his (Najib) right to do so but he cannot, after having made that decision, turn around and say that his new lawyers are not ready to proceed with the hearing of the appeals.
“The new lawyers too, having accepted the brief, are not entitled to say they need more time to prepare, knowing fully well that the dates had been fixed well in advance,” Tengku Maimun said, adding that the request for the adjournment and the grounds in support thereof were neither cogent nor reasonable.
The 69-year-old politician changed his legal team just 21 days prior to the appeal, by appointing Hisyam as his lead counsel and law firm Zaid Ibrahim Suflan TH Liew & Partners’ (ZIST) partners Liew Teck Huat and Rueben Mathiavaranam as his new solicitors for the appeal.
On July 26, Najib discharged with immediate effect Messrs Shafee & Co, led by Tan Sri Muhammad Shafee Abdullah from representing him in his final appeal.
Najib is currently out on bail of RM2 million in two sureties pending appeal.
When met by reporters after the proceedings, Najib said he was shocked and bitterly disappointed with today’s ruling. - Bernama
