DAY 5 | Najib 'wrongly blamed' over change of lawyer - Shafee

The Federal Court hearing of Najib Abdul Razak’s review application to quash his guilty verdict and sentence in the RM42 million SRC International corruption case enters the fifth day.

The five-person Federal Court bench, headed by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, is expected to continue hearing rebuttal submissions from lead deputy public prosecutor, V Sithambaram today.

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KEY HIGHLIGHTS

• Federal Court ‘wrongly blamed’ Najib over change of counsel - Shafee

• Sanctioning ‘ineffective counsel’ violates human rights - Shafee

• Change of lawyers was bona fide - Shafee

• ‘Changing horses midstream’ affected Najib’s appeal - DPP

• ‘Bid to recuse CJ made 4 years after her spouse's FB post’

• ‘Everyone knew about CJ’s husband’s 2018 Facebook post’

• Court reprimands Shafee for being late

Proceedings adjourn to tomorrow

4.13pm: The apex bench adjourns the hearing today and will resume tomorrow morning to allow lead defence counsel, Muhammad Shafee Abdullah to wrap his oral submission.

Apex court ‘wrongly blamed’ Najib over change of counsel: Shafee

4.03pm: Lead defence counsel Muhammad Shafee Abdullah contends that the previous apex bench chaired by Chief Justice Tengku Maimun Tuan Mat ‘wrongly blamed’ Najib Abdul Razak over an application by the former premier's then-legal team to seek adjournment in the SRC International appeal hearing last year.

Shafee contends that the former finance minister had in good faith, followed the advice by his then lawyers to seek adjournment of the SRC International appeal before the then apex bench headed by Tengku Maimun last year.

Sanctioning ‘ineffective counsel’ violates Najib's fundamental rights - counsel

3.14pm: Lead defence counsel Muhammad Shafee Abdullah contends that the previous apex court bench sanctioning an "ineffective counsel" in representing Najib Abdul Razak in the SRC International appeal hearing last year is against human rights and the right to a fair trial.

Shafee is referring to the previous Federal Court panel chaired by Chief Justice Tengku Maimun Tuan Mat, who denied an application by the former prime minister's then counsel Hisyam Teh Poh Teik to discharge himself from the appeal.

Hisyam had sought to discharge himself after the panel last year dismissed the then legal team's application to adjourn the appeal hearing to give them more time to prepare for it.

On Aug 23 last year, the Tengku Maimun-led apex bench also dismissed Najib's appeal to quash his guilty verdict as well as a 12-year jail sentence and RM210 million fine.

Law allows counsel to discharge without court's leave: Shafee

3pm: Lead defence counsel Muhammad Shafee Abdullah contends that the apex court presided by Chief Justice Tengku Maimun Tuan Mat last year breached the law by not allowing Najib Abdul Razak's then-counsel Hisyam Teh Poh Teik from discharging himself from representing the former prime minister.

Shafee says there is a circular issued by the Supreme Court of Malaysia dated Nov 17 1960, which states that there is no question of a lawyer needing leave of the court to discharge themselves from representing a client.

Last year, during the hearing of Najib's SRC International appeal, the apex court did not allow Hisyam to discharge himself when the latter reasoned that he was not prepared to submit for the former premier.

The same panel last year - which upheld the SRC conviction and sentencing against Najib - had also denied an application by the former premier's then-legal team to adjourn the appeal hearing so they could prepare for the appeal.

Court reconvenes after lunch break

2.29pm: The apex court proceedings resume after a lunch break.

Apex proceedings adjourn for lunch

1pm: The Federal Court proceedings adjourn for lunch, and will resume around 2pm.

Prosecution did not object to adjournment bid last year: Shafee

12.48pm: Lead defence counsel Muhammad Shafee Abdullah points out that the prosecution raised no objection to an application by Najib Abdul Razak's then legal team to adjourn the apex court hearing of SRC International's corruption appeal last year.

Shafee tells the present Federal Court bench that the prosecution did not tell the apex bench last year about any alleged ploy to delay the appeal hearing through an adjournment bid.

"They should have stood up like a piston and say this was a ploy to adjourn (before the apex bench last year), but they did not as they knew the reason we sought (the adjournment) was real," Shafee contends.

The lawyer is countering the prosecution's rebuttal of Najib's SRC review against the Aug 23 apex bench decision last year to uphold the conviction as well as 12-year jail sentence and RM210 million fine against the former finance minister.

Najib’s change of lawyers was in good faith - Shafee

12.30pm: Lead defence counsel Muhammad Shafee Abdullah contends that Najib Abdul Razak's change of counsel before the SRC International appeal before the apex court last year, was bona fide (done in good faith).

In rebutting the prosecution's arguments, Shafee says that the change of counsel was due to local courts not allowing United Kingdom-based lawyer and King's Counsel Jonathan Laidlaw to be temporarily admitted to the Bar and represent the former premier in the SRC International appeal.

"There is no agenda to engineer adjournment,” Shafee tells the present five-person Federal Court bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.

Shafee is referring to the apex court chaired by Tengku Maimun Tuan Mat last year, which denied an application by Najib's then-lawyers to adjourn the appeal hearing so they could prepare for it.

On Aug 23 last year, that same apex bench also upheld the SRC International conviction and sentencing against Najib. The present review application targets the previous apex bench's verdict.

DPP claims seeking adjournment ‘a habit’ during Najib's trial

11.58am: Deputy public prosecutor V Sithambaram remarks that the seeking of adjournment was "a bit of a habit throughout the whole proceedings" in Najib Abdul Razak's SRC International case from the High Court and through to the Federal Court.

The DPP cites the Court of Appeal hearing of the former premier's SRC International appeal on Dec 8 2021, when Najib's legal team then had one week earlier filed an application for fresh evidence and asked for the Court of Appeal to defer the appeal hearing.

"In the High Court and the Court of Appeal, there were numerous instances," Sithambaram says. The Court of Appeal in December 2021 denied Najib's appeal against the conviction and sentencing.

Among the grounds of the present review was that the apex court last year - which upheld the SRC International conviction and sentencing against Najib - had denied an application by the former finance minister's legal team to adjourn the appeal hearing last year.

‘Changing horses midstream’ affected Najib’s appeal - DPP

11.32am: Deputy public prosecutor V Sithambaram contends that Najib Abdul Razak's SRC International appeal had gone wrong for the former premier when the latter "changed horses midstream".

The DPP says this in reference to Najib last year changing lawyers from Muhammad Shafee Abdullah to a new legal team comprising Hisyam Teh Poh Teik, as well as counsel from Zaid Ibrahim's law firm.

Sithambaram questions why Najib was represented by Shafee from the High Court level of the SRC International case in 2018 and only changed lawyers in 2022 prior to the hearing of the appeal before the Federal Court in August last year.

"If not for this ‘changing of horses’, I do not think it (review) would be before Your Lordship today. While there is the (accused) right to choose counsel, the counsel must be ready to act and willing to act on the given day," Sithambaram says.

Among the crux for the present review was that the previous apex court bench chaired by Tengku Maimun Tuan Mat - which upheld the conviction and sentencing against Najib last year - had denied an application by the former premier's then-counsel to adjourn the appeal hearing so they could prepare for it.

Apex court proceedings resume

11.21am: Federal Court proceedings resume after a short break.

Proceedings adjourn for short break

10.54am: The Federal Court proceedings adjourn for a short break.

‘Bid to recuse CJ made 4 years after husband's FB post’

10.44am: Deputy public prosecutor V Sithambaram points out that Najib Abdul Razak's legal team only filed the recusal bid against Chief Justice Tengku Maimun Tuan Mat on Aug 22 last year, which was four years after her husband published the Facebook post.

The post was made on May 11, 2018.

The DPP says there is no nexus between the Facebook post and Tengku Maimun, who presided over the apex court decision to dismiss the former prime minister's SRC International appeal on Aug 23 last year.

The present five-person apex bench hearing Najib's SRC International review application is presided over by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.

Among the crux of Najib's review bid is that Tengku Maimun suffered from bias and conflict of interest when she heard and decided on the former finance minister's appeal last year.

Najib's wife Rosmah, daughter in court

10.05am: Najib Abdul Razak's wife and daughter, Rosmah Mansor and Nooryana Najwa - clad in pink and blue, respectively - are seen seated in the public gallery following the apex court proceedings.

CJ has no personal interest in husband's FB post - DPP

9.55am: Deputy public prosecutor V Sithambaram contends that Chief Justice Tengku Maimun Tuan Mat has no personal interest in the 2018 Facebook post by her husband, Zamani Ibrahim.

The DPP says this is because there must be actual evidence of bias rather than a presumption of bias linked to the Facebook post made in May 2018.

Najib Abdul Razak was only charged at Kuala Sessions Court later in 2018, before the case was transferred to the High Court. The former premier's appeal was heard by the Court of Appeal in December 2021 and later by the Federal Court in August 2022.

Tengku Maimun presided over the apex court bench that heard and dismissed the SRC International appeal on Aug 23 last year.

‘Everyone knew about CJ’s husband’s 2018 FB post’

9.36am: Deputy public prosecutor V Sithambaram submits that the Facebook posting by Chief Justice Tengku Maimun Tuan Mat's husband in 2018 was something that everybody knew, namely that then-premier Najib Abdul Razak had lost the 14th general election (GE14).

The DPP says as a result, it is not something that amounts to a conflict of interest on Tengku Maimun when she presided over the apex court bench last year that dismissed Najib's SRC International appeal.

Sithambaram points out that the Facebook post - made immediately after the GE14 results were announced in May 2018 - did not even mention SRC International but only 1MDB.

The DPP notes that SRC International was transferred from 1MDB to Minister of Finance Incorporated (MOF Inc) in February 2012, which was six years before the Facebook posting.

"What was stated (in the posting by Zamani Ibrahim) was something that every Malaysian knew, that Najib lost the elections, and that there was ongoing investigation over the 1MDB scandal," Sithambaram tells the present bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.

Court reconvenes, judge rebukes Shafee for tardiness

9.19am: Najib Abdul Razak enters the dock as Federal Court proceedings resume, with lead deputy public prosecutor V Sithambaram expected to resume oral submissions against the former prime minister's SRC International review application.

At this juncture, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli - who presides over the five-person apex bench - ask lead defence counsel Muhammad Shafee Abdullah: "Shafee, can you please come on time?"

Shafee then replies that they got caught in traffic.

Then Sithambaram resumes his oral submissions.

Najib enters apex court

8.57am: Former premier Najib Abdul Razak, clad in dark blue suit and tie, enters the Federal Court while being escorted by several red hat-wearing officers from the Kajang Prison.

Also seen in court earlier waiting for proceedings to begin are lead deputy public prosecutor V Sithambaram with other members of the prosecution, as well as Najib's legal team.

The prosecution is expected to resume their rebuttal submissions during today’s apex court hearing of former prime minister Najib Abdul Razak’s review application in his RM42 million SRC International corruption case.

Deputy public prosecutor V Sithambaram will continue where he left off on Wednesday last week, when he contended that Najib’s change of counsel - prior to the Federal Court hearing of his SRC International appeal last year - was a strategic move to try to adjourn that hearing, among other arguments.

In the event that the prosecutor manages to wrap up oral submissions today, Najib’s defence team led by lawyer Muhammad Shafee Abdullah is expected to mount a reply against the prosecution’s contentions.

The present presiding five-person apex bench is headed by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and comprised of Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang, and Nordin Hassan, as well as Court of Appeal judge Abu Bakar Jais.

The review targets a decision on Aug 23 last year - delivered by a different apex panel chaired by Chief Justice Tengku Maimun Tuan Mat - which dismissed Najib’s appeal and upheld his guilty verdict and 12-year jail sentence as well as the RM210 million fine.

Later on Sept 6, he mounted the review against that appeal verdict in the case involving one count of abuse of power, three counts of criminal breach of trust, and three money-laundering charges linked to RM42 million of funds from SRC.

Incarcerated at the Kajang Prison, Najib is also pursuing other avenues outside the judiciary, namely a petition for royal pardon as well as a petition before the United Nations over his alleged arbitrary detention.

Through the present review application, Najib contends that trial judge Mohd Nazlan Mohd Ghazali, who has since been elevated from the Kuala Lumpur High Court to the Court of Appeal, was in a conflict of interest when he heard and decided on the SRC International case in 2020.

Najib claimed, among others, that it was because the judge was allegedly aware that it was Maybank Investment (an entity of Maybank Group) and BinaFikir (another entity of Maybank Group) that provided the advice to the sovereign wealth fund 1MDB in the matters pertaining to the setting up of SRC International.

Najib alleged that the conflict of interest arose due to Nazlan’s previous role as general counsel with Maybank.

Initially a subsidiary of 1MDB, SRC International later became fully owned by the Minister of Finance Incorporated (MoF Inc). 1MDB is also fully owned by MoF Inc.

Among the possible outcomes of the review is Najib getting a full acquittal, having his appeal heard again by a different apex court bench, or that he gets a retrial of the SRC International case before a new High Court judge.

Besides targeting the previous apex court decision to uphold Najib’s SRC International conviction and sentencing, the former prime minister’s review also targets the previous panel’s three other decisions.

These are the decisions to deny his bid to adduce additional evidence to strengthen the allegations against Nazlan, to reject his bid to postpone the appeal hearing, and to deny his application to recuse Tengku Maimun over the alleged conflict of interest.

Lawyers deny they took over as Najib's counsel to seek adjournment

CJ's husband's FB posting on GE14 personal view - prosecution

DAY 4 | FB post by CJ's spouse made before Najib was charged - DPP

CJ shouldn't have heard Najib's SRC appeal, Shafee argues

DAY 3 | 44 out of 94 appeal grounds can acquit Najib: Shafee

Shafee claims apex court 'rushed' Najib's SRC appeal last year

DAY 2 | Najib's SRC review bid: 'First time apex court denied lawyer discharge'