KUALA LUMPUR: There is certainly uncertainty about what may happen in Datuk Seri Najib Tun Razak’s final appeal on the SRC International Sdn Bhd case following his lawyer’s refusal to make any distribution to defend the former leading minister.
Upon Friday (Aug 19), Najib’s lead counsel Hisyam Teh Poh Teik informed a five-member bench of the Federal Court brought by Chief Proper rights Tun Tengku Maimun Tuan Mat which he would also not even present oral distribution for his customer.
Justice Tengku Maimun, however , mentioned the court may deal with the matter upon Tuesday (Aug 23). The court experienced set Aug 15 to 19 plus Aug 23 in order to 26 to hear the particular appeal.
In relation to this, the legal fraternity is of the opinion that the height court could instantly make a ruling even though there were no distribution from Najib’s lawyer.
Lawyer Mohamed Haniff Khatri Abdulla said this was since the court could choose based on the written submissions filed previously by Najib’s defence group at the Court associated with Appeal last year.
He said it is also based on the petition associated with appeal filed simply by Najib’s previous solicitors on April twenty five this year, which mentioned 94 grounds upon why Najib should be acquitted.
“There are enough components before the Federal Courtroom to deliberate upon even in the lack of oral submissions. Hence, there is no way the case will be adjourned, ” he said.
Lawyer Lim Wei Jiet also concurred with the same view saying that as the country’s highest court, it can likely decide based on the grounds of appeal in the memorandum associated with appeal, appeal information as well as the Appeal Court’s previous submissions by Najib’s defence team.
Meanwhile, Datuk Dr Gurdial Singh Nijar was of the opinion that the court might conclude the particular hearing on that will day but would reserve its common sense to a date to be fixed later.
“The decision could be delivered another day, inch said the attorney.
The criminal prosecution led by random prosecutor Datuk Sixth is v. Sithambaram, when overall its submissions on Friday, said the particular court could go to deliberate for a choice in the absence of the previous premier’s fresh created or oral distribution.
Citing situation law, Sithambaram submitted that there was precedent for the court to “proceed accordingly” since the defence had mentioned that they did not intend to file any fresh submissions for the appeal.
Friday, was your second day of sitting of the board, which also includes Chief Judge of Sabah and Sarawak Tan Sri Adik Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd, to know Najib’s final appeal to quash his confidence and sentence.
The two days of the particular proceedings saw twists of events one particular after another. Hisyam had first searched for to recuse himself from representing Najib but his demand was turned down with the court and it aimed the prosecution in order to submit.
Hisyam on Friday got also told the panel that Najib had discharged his solicitors, Zaid Ibrahim Suflan TH Liew & Partners (ZIST), from representing him.
The attorney once again asked the particular court to postpone the hearing in order to Thursday (Aug 25) as he had some other cases on Wednesday and Wednesday, however it was rejected by the court.
Upon Aug 16, the particular court had terminated Hisyam’s application to postpone the attractiveness hearing and ordered the appeal to proceed on Aug 18.
On This summer 28, 2020, the particular then High Court Judge Datuk Mohd Nazlan Mohd Ghazali, who is now the Court of Appeal judge, had sentenced Najib to ten years’ jail upon each of the three counts of criminal breach of trust (CBT) and each of the three counts of money laundering, and 12 years’ jail and a RM210 million fine, in arrears five years’ jail, in the case of abuse of position.
A year ago, the Court associated with Appeal upheld benefit Court’s decision and dismissed Najib’s attract set aside his certainty and jail sentence as well as the fine. – Bernama