The Malaysian Insight

A CROWD has gathered early this morning at the Palace of Justice in Putrajaya, where Najib Razak is to learn the verdict for his appeal over the SRC International Sdn Bhd case. 

It is not known if the five-man bench will deliver its decision today.

The former prime minister is appealing to quash his conviction handed down by High Court judge Mohd Nazlan Mohd Ghazali, who on July 28, 2020 found him guilty of having illicitly received RM42 million from the former 1MDB subsidiary today.

Najib’s lead counsel Hisyam Teh Poh Teik had said last week that he would not be entering an oral submission after he failed to get the trial postponed to prepare for the case. 

In a move that would leave Najib without counsel, Hisham applied to recuse himself on the grounds that he did not have enough time to prepare. This too was denied by the court. 

Najib next fired his new lawyers Messrs Zaid Ibrahim Suflan TH Liew & Partners, who had replaced Messrs Shafee & Co.

Despite the twists, Tengku Maimun ordered the hearing to proceed.

Lawyers have said the apex court could deliver a ruling even in the absence of an oral submission from Najib’s counsel.

Lawyer Mohamed Haniff Khatri Abdulla said this was because the court could refer to the written submissions filed last year by Najib’s defence team at the Court of Appeal.

The Malaysian Insight reports today’s proceedings live.

4:30pm: Federal Court quashes Najib Razak’s appeal and uphold the High Court’s sentence in the SRC International case.

Chief Justice Tengku Maimun Tuan Mat said the appeals are therefore unanimously dismissed and the conviction and sentence are affirmed.

Najib is surrounded by Rosmah, his daughter Nooryana Najwa, son Norashman Najib and lawyers. He is seen smiling when talking to Rosmah.

Umno president Ahmad Zahid Hamidi is also present.

3.58pm: Najib pleads for two months’ postponement for his lawyers to prepare to defend him.

He says if given two months he can assemble a team, to ensure he is adequately represented in the trial.

“The fact of the matter is I am unrepresented. There has never been a single occasion in Malaysian history where the counsel was not allowed to discharge himself.

“Let me have my day in court to present the fullest arguments of my case. My life and liberty depend on it.”

3.32pm: Tengku Maimun says five-member bench rejects Najib’s application for her recusal.

The chief justice adds she will rule on the appeal.

Najib then asks to address the court. She agrees.

3.24pm: Proceedings resume.

3.10pm: Najib comes out of court during break in proceedings, tells his supporters he is ready to accept any decision made by the Federal Court.

“If the decision is against us, we shall accept it,” he says.

Najib again stresses he was not given a fair trial.

“I didn’t get justice. I didn’t I have a lawyer to represent me.

“This is my first time being charged yet my plea for an extension to make submissions was denied,” he says.

Najib adds the fight for justice must continue.

1.22pm: Najib’s wife Rosmah Mansor arrives in the courtroom.

12.43pm: Sithambaram says the defence had the facts to recuse Tengku Maimun but has kept it hidden in its sleeves like a pigeon.

“You (defence) don’t reveal what you have until things don’t go your way, then you bring the pigeon out,” he said, calling for the application to be rejected.

Teh denies he is trying to scuttle proceedings. He says his client is entitled to a fair trial.

“In short, there are enough grounds in the affidavit. There is a basis. I want to continue tomorrow.”

Court breaks to deliberate over recusal.

12.32pm: Sithambaram reiterates Teh’s last-minute application to recuse Tengku Maimun is mala fide and abuse of the court process.

“They could have filed (the application) on August 17; Why wait until last night or this morning?

“They let me file my submissions and I finished them on Friday. They said they are not going to present any submissions today. Then they present the application.

“They deliberately want to delay the decision of this case. It is clearly an illustration of mala fide.”

11.47am: Shafee again asks for time to go through the recusal application.

“I have a urgent matter in parliament today that’s why I can’t proceed (today).”

Tengku Maimun denies the request.

Shafee says he will be in court tomorrow morning. 

Tengku Maimun tells Shafee no one is going to be in court tomorrow if the hearing is concluded today.

11.41am: Shafee asks the court to adjourn until tomorrow so that he can participate in proceedings. 

“I need less than 24 hours to address this issue for justice to be done,” he says.

Tengku Maimun asks Sithambaram if he has a reply.

Sithambaram says he has already been in court for a week and has presented his submissions.

“What the prosecution can see is that the application filed (by Najib) is to scuttle the appeal. The manner which this application is done is mala fide.

“I strongly object to the adjournment,” says Sithambaram.

11.08am: Court resumes.

Teh asks court for a 10-minute break to wait for Najib’s former lawyer Muhammad Shafee Abdullah to arrive.

Hasn’t the lawyer been discharged by his client, asks Tengku Maimun.

Teh says Shafee is to return as co-counsel to aid in the recusal application. 

Tengku Maimun tells Teh to proceed while waiting for Shafee.

10.10am: Court breaks.

10.07am:  Tengku Maimun says the court will stand down for the bench to peruse the application for her recusal.

10.05am: Tengku Maimun tells Teh his client faces jail time if he refuses to submit his closing submission. 

Tengku Maimun directs Teh to reply to Sithambaram’s Friday submissions. 

Teh says he is unable to make a proper submission given the time.”

Tengku Maimun tells Hisyam he is repeating himself. 

10am: Sithambaram says the High Court and the Court of Appeal have already decided on the case, and that there is enough material before the Federal Court for it to make a decision.

9.45am: Prosecutor V. Sithambaram says he is concerned as the prosecution has not received a sealed copy of the submission.

He says until the copy is served, proceedings for recusal cannot be heard.

9.44am: Tengku Maimun asks Najib’s lead counsel Teh if he has anything to submit.

Teh replies no.

He says his client filed an application yesterday for the recusal of Tengku Maimun.

9.44: Court is in session.

9.42am: Najib’s son and daughter, Mohd Nizar Najib and Nurliyana, arrive in the courtroom. They are seated behind their father.

9.39am: A businessman, who wished to be known as Datuk Michael, calls Najib the “best prime minister” who has done a lot for the people regardless of race. 

“He did a lot for the Chinese community. The education and economy was very well managed during his time.” 

Michael feels that Najib has been given an unfair trial.  “We want justice for Najib and we pray for him”.

9.20am: Najib arrives. The crowd goes wild.

9.00am: Supporters of Najib gather outside the court, chanting “Hidup Bossku”. Some women are in tears as they are overcome by emotion. – August 23, 2022.