Najib's SRC trial judge inexperienced, Court of Appeal heard

Najib's lead counsel Tan Sri Muhammad Shafee Abdullah, in his submission, said it was necessary to have a judge with experience in criminal cases to preside over the SRC case.

“This case (SRC International) was the case of the century. At the last minute, they (the judiciary) appointed a judge who had no experience in criminal trials to hear the case,” he said when submitting before a three-member bench led by Judge Datuk Abdul Karim Abdul Jalil, in the hearing of Najib’s appeal against his conviction and jail sentence for the misappropriation of RM42 million in SRC International funds.

In July 2018, judge Mohd Nazlan Mohd Ghazali was transferred from the New Commercial Court 1 (NCC) to the Criminal High Court 3 to preside over Najib's RM42 million SRC International case.

He took over from the previous judge, Datuk Mohd Sofian Abd Razak, who was originally assigned to hear the SRC International case.

Muhammad Shafee also contended that based on his more than 40 years’ experience as lawyer and former deputy public prosecutor, complex criminal cases were often heard by experienced judges.

The counsel also cited high-profile cases, including the graft case of former Selangor Menteri Besar Datuk Seri Harun Idris in 1977 and former deputy prime minister Datuk Seri Anwar Ibrahim who was prosecuted over charges of sodomy and abuse of power in 1999.

"Both cases had experienced judges presiding over them and this was necessary as Justice Mohd Nazlan made 'errors' in the SRC International case," he said.

Muhammad Shafee further submitted that the trial judge's decision was wrong both in law and in fact when the judge found a prima facie case against Najib.

Najib, 67, has submitted 307 grounds in his petition of appeal on why he should be freed of the charges.

The Kuala Lumpur High Court had on July 28 last year sentenced Najib to 12 years’ jail and a RM210 million fine after finding him guilty on seven charges of criminal breach of trust (CBT), money laundering and abuse of position involving RM42 million of SRC International funds.

Judge Mohd Nazlan sentenced Najib to 10 years’ jail on each of the three counts of CBT and each of the three counts of money laundering and 12 years' jail and a RM210 million fine, in default five years' jail, in the case of abuse of position.

However, Najib would have to serve only 12 years in jail as the judge ordered all the jail sentences to run concurrently.

Najib is out on bail of RM2 million in two sureties pending appeal.

The hearing continues tomorrow. The other judges on the panel were Justices Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.