Federal Court dismisses Najib’s bid to adduce fresh evidence
PUTRAJAYA: The Federal Court has dismissed Najib Razak’s application to adduce fresh evidence in his final appeal to prove that judge Nazlan Ghazali was under a serious conflict of interests when presiding over the SRC International trial two years ago.
Chief Justice Tengku Maimun Tuan Mat said the application to adduce additional evidence did not fulfil the requirements of the law.
The other judges who heard Najib’s bid were Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim as well as Federal Court judges Nallini Pathmanathan, Mary Lim and Zabidin Mohd Diah.
In his application, Najib said Nazlan ought to have recused himself from presiding over the trial as he was involved in deliberations and decision-making involved in the lead up to the formation of SRC as a 1MDB subsidiary and the grant of loan and credit facilities for the benefit of SRC and 1MDB.
Federal Court denies Najib’s bid to postpone case
PUTRAJAYA: The Federal Court has denied Najib Razak’s bid to postpone his SRC International appeal, with Chief Justice Tengku Maimun Tuan Mat stating that the appeal must proceed as scheduled.
“We will start the appeal (hearing) on Thursday,” she said.
Earlier today, lead counsel Hisyam Teh Poh Teik requested a postponement of up to “three to four months” as he said that the defence needed more time to prepare for the case, which they took over less than a month ago.
The court previously fixed 10 days – Aug 15 to 26 – to hear the former prime minister’s final appeal to quash his conviction for abuse of power, money laundering and criminal breach of trust over SRC funds amounting to RM42 million.
His conviction was upheld by the Court of Appeal on Dec 8 last year, as was his 12-year jail sentence and RM210 million fine.
However, Najib was released on bail pending his final appeal before the Federal Court.
Apex court to decide on Hisyam discharging self from SRC appeal
PUTRAJAYA – The Federal Court has stood down to decide on whether it will allow Datuk Seri Najib Razak’s new lawyer, Datuk Hisyam Teh Poh Teik, to discharge himself from the SRC International Sdn Bhd final appeal, which is scheduled to proceed today.
In a desperate attempt, Hisyam again pleaded to the Federal Court to grant him an adjournment or he would have no choice but to discharge himself from the case, leaving his client unrepresented.
Chief Justice Tun Tengku Maimun Tuan Mat however refused his request, saying that the bench had already given its broad grounds on the issue last Tuesday and Hisyam should proceed with arguing the final appeal.
“We have already given our broad judgments to this matter.
“We have full confidence in your ability and you should proceed,” she said.
Tengku Maimun: “Do you accept that as the superior court, we have the inherent jurisdiction to ensure that we can function properly and fulfil our mandate to administer justice?”
Hisyam: “Yes.”
No discharge: Hisyam must go on in Najib’s SRC hearing, rules apex court
PUTRAJAYA – The Federal Court has decided against allowing Datuk Seri Najib Razak’s new lawyer Datuk Hisyam Teh Poh Teik to discharge himself from the final SRC International Sdn Bhd appeal hearing scheduled to proceed today.
Reading the broad judgments, chief justice Tun Tengku Maimun Tuan Mat said Hisyam had failed to produce reasonable grounds to discharge himself from the case.
“The court is within its discretionary authority to deny the application to discharge,” she said.
The final appeal hearing has now begun proper.
Earlier today, there was a terse exchange between Tengku Maimun and Hisyam before the apex bench stood down to decide on the lawyer’s bid for an adjournment, or else to discharge himself, on grounds that the new defence team lacked time to prepare for the appeal hearing.
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Najib had absolute power over SRC by design: prosecution
PUTRAJAYA – Datuk Seri Najib Razak had ultimate power over SRC International Sdn Bhd, including approving any investments and appointment of its directors, the Federal Court heard today.
In the opening salvo of Najib’s final appeal hearing in the RM42 million SRC corruption case, ad hoc prosecutor Datuk V. Sithambaram argued that Najib had structured the company so that he would be the ultimate decision maker.
“As the (then) prime minister, the appellant (Najib) is vested with authority to appoint and dismiss directors of SRC, and to approve any amendment to the company’s memorandum and articles of association (M&A).
“He was an adviser emeritus (of SRC) under the M&A; and as the finance minister, under MoF Inc (he) was the sole shareholder of SRC,” Sithambaram said.
Abuse of process brings disrepute to our justice system – Malaysian Bar
THE Malaysian Bar is aghast with the slew of developments unfolding before our eyes in the case involving former prime minister Datuk Seri Najib Razak at the Federal Court.
The nation is witnessing our justice system being abused and brought to disrepute through the frantic acts and numerous attempts to postpone the hearing of the case, application to discharge from acting for the former prime minister, defiance by refusing to proceed with submissions on the appeal after the Federal Court had made its ruling, and the sudden discharge of Datuk Zaid Ibrahim, Liew Teck Huat, and Rueben Mathiavaranam by Najib.
The public must be made aware that the level of professionalism expected of advocates and solicitors is measured against the existing rules on practice and etiquette. The Bar Council expects adherence by all lawyers so as to preserve the highest professional standards and in upholding the dignity of the legal profession.
The Legal Profession (Practice and Etiquette) Rules 1978 (LPPER) sets the barometer for the conduct of lawyers in the country and also reflects the underlying paramount duty of lawyers to the court as officers of the court.
IGP orders probe into threats against Chief Justice
PETALING JAYA: Inspector-General of Police (IGP) Acryl Sani Abdullah Sani has ordered Bukit Aman’s criminal investigation department (CID) to probe threats made against Chief Justice Tengku Maimun Tuan Mat.
This comes after various threats were made on social media platforms against Tengku Maimun, who is chairing the five-member panel presiding over Najib Razak’s final appeal in his SRC International case.
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Najib Supporters Instigated To Kill Chief Justice – Why All 5 Judges Must Deliver Guilty Verdict To Deter Royal Pardon
Will the people finally get to see the country’s biggest crook wear the iconic orange jumpsuit before the Christmas? Will the five-member bench Federal Court led by Tengku Maimun, the country’s first Chief Justice, unanimously upheld the guilty verdict on former Prime Minister Najib Razak? Will the police do anything if Najib refuses to go to prison, crying he has been unfairly sentenced?
While many people celebrate the unexpected skills displayed by Chief Justice Maimun this week, especially how she stunningly outsmarted Najib’s several attempts to delay and waste the court’s resources, at the same time they realize that it ain’t over till the fat lady sings. Hence, the question whether Najib will obediently go to jail if he loses his final appeal is absolutely valid.
After all, it’s an open secret that police officers have shamelessly and openly kissed the hand of the crook. It would be comical to see if the highly corrupted Royal Malaysian Police will still provide police escorts for Najib to the Sungai Buloh prison. And it would be even more interesting to see if the police dares to drag Najib to the prison should the ex-premier refuses to obey the court’s decision.
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Stop your cybertroopers attacking chief justice, Pakatan tells Umno
KUALA LUMPUR – Umno must stop its cybertroopers from making threats against chief justice Tun Tengku Maimun Tuan Mat, Pakatan Harapan (PH) said.
The PH presidential council said it was shocked and deeply disappointed by the statements made by top Umno leaders, which it added can be construed as attacks on the judiciary, following the Federal Court’s decision in the ongoing hearing of Datuk Seri Najib Razak’s appeal against his conviction in the SRC International Sdn Bhd case.
“The attacks seem to be mounting as Najib’s appeal hearing reaches the final stage.
“These attacks, especially from Umno supporters and cybertroopers, are becoming increasingly threatening in nature and include death threats against the chief justice,” the PH presidential council said in a statement.
“We issue this stern reminder that the leaders of political parties, especially Umno, need to stop these attacks on the judiciary and allow the appeal hearing to be completed.”