Najib's SRC appeal: Apex Court maintains Aug 15 hearing date

PUTRAJAYA - Datuk Seri Najib Razak’s final bid to set aside his conviction and sentence in the RM42 million SRC International corruption case will proceed next month at the Federal Court, as fixed earlier.

The matter was confirmed by deputy public prosecutor Mohd Ashrof Adrin Kamarul when contacted by reporters today after an online case management before Federal Court deputy registrator Wan Fatimah Zahara Wan Yusoff and deputy registrar Siti Hajar Mustaffa.

Last Tuesday, it was reported that Najib had discharged with immediate effect Messrs Shafee & Co from representing him in his SRC appeal.

The former prime minister then appointed lawyer Hisyam Teh Poh Teik from Messrs Hisyam as his lead counsel, and Messrs Zaid Ibrahim Suflan TH Liew & Partners’ partners Liew Teck Huat and Rueben Mathiavaranam as his new solicitors.

Last May, the Federal Court set 10 days from Aug 15 to hear the Pekan MP’s final appeal to set aside his conviction and jail sentence for the misappropriation of RM42 million of SRC International funds.

Mohd Ashrof said the court dismissed an application by the Pekan MP's new legal team to adjourn the hearing scheduled from Aug 15.

He said the court also instructed that the main appeal be done through physical hearing and parties must list down all references to records of appeal to ensure a smooth proceeding before the Federal Court.

"Today is the case management for the application for fresh evidence filed by Najib's previous counsels from Shafee & Co. Then, the amendment to the said motion for fresh evidence.

"Then the issue for change of solicitors for the main appeal. The (apex) court has informed that the hearing date fixed from Aug 15 to 26 is maintained. The fresh evidence application is to be heard also on Aug 15 together with the main appeal," said the prosecutor.

The motion for fresh evidence here refers to Najib's application on June 7, to adduce further evidence to the Federal Court to nullify the entire trial, over a claim that the trial judge Datuk Mohd Nazlan Mohd Ghazali was affected by conflict of interest.

Mohd Ashrof further said that ZIST wants to apply for extension of time to file submissions and will write to court to apply as such, and the filing of submissions for fresh evidence was allowed to be extended until Aug 8.

On the issue of change of counsel, the prosecutor said ZIST had written a formal letter on July 26 asking for adjournment of motion for fresh evidence and also main appeal.

"ZIST will also be making the same application to adjourn both matters in open court before the Federal Court on Aug 15," he said.

On the issue of the Queen's Counsel admission application, he said, ZIST confirms that no appeal has been filed against the decision of the High Court on July 21.

Today's proceedings were also attended by ad hoc prosecutor Datuk V. Sithambaram and Najib's lawyers Hisyam, Liew, M. Rueben as well as Tan Sri Muhammad Shafee Abdullah (Najib's previous counsel).

On Dec 8, 2021, a three-man Court of Appeal bench upheld Najib's conviction and 12-year jail sentence as well as the RM210 million fine imposed on him.

Judge Datuk Abdul Karim Abdul Jalil, who presided with Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera, also dismissed Najib's appeal against the decision made by the High Court on July 28, 2020.

The Federal Court is Najib's final avenue to appeal against his conviction and jail sentence in the SRC case - BERNAMA