Great injustice to Najib as he was unrepresented during appeal, says dissenting judge
31 Mar 2023 03:55pm
Najib Razak - pix by Bernama
Bekas Perdana Menteri Datuk Seri Najib Tun Razak (tengah). Foto fail Bernama.
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Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli, who chaired a five-member bench, said Najib’s counsel (Datuk Hisyam Teh Poh Teik) had been denied the opportunity to submit as said by the latter that he was not prepared to do so after taking the case at the last minute.
"The counsel did not submit after informing the panel of judges that he was unprepared to do so. This led to only one party submitting before the earlier panel, which was the deputy public prosecutor Datuk V.Sithambaram.
"The applicant (Najib) was not heard at all. The applicant is at a great and substantial injustice. He was in a disadvantaged state, as he was not represented during the appeal. It was unfair that the applicant was paying the highest price for the mistakes done by his counsel.
"The applicant’s only interest is to see his lawyer act for him in his best interest, nothing more and nothing less,” the judge said when allowing Najib’s application to review the decision of the previous panel of the Federal Court which upheld his conviction and 12 years jail sentence and fine for misappropriation of RM42 million in SRC International funds.
In the 4-1 majority judgment, the four judges who dismissed the former prime minister’s application were Federal Court judges Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang and Datuk Nordin Hassan and Court of Appeal judge Datuk Abu Bakar Jais. - BERNAMA
