PUTRAJAYA: Datuk Seri Najib Tun 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.
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
Bernama
Tue Aug 16 2022
Datuk Seri Najib Tun 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. - BERNAMA
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.