PROMINENT lawyers have said the apex court could make an immediate ruling in the SRC International trial, even if there were no submissions from former prime minister Najib Razak’s counsel.

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

He said it can also be based on the petition of appeal filed by Najib’s previous solicitors on April 25 this year, which stated 94 grounds on why Najib should be acquitted.

“There are enough materials before the Federal Court to deliberate upon even in the absence of oral submissions. Hence, there is no way the case will be adjourned,” he said.

Lawyer Lim Wei Jiet said that, as the country’s highest court, it will likely decide based on the grounds of appeal in the memorandum of appeal, appeal records as well as the Appeal Court’s previous submissions by Najib’s defence team.

Meanwhile, Gurdial Singh Nijar said the court might conclude the hearing on that day but would reserve its judgment to a date to be fixed later.

“The decision might be delivered another day,” the lawyer said.

On Friday, Najib’s lead counsel Hisyam Teh Poh Teik informed a five-member bench of the Federal Court led by Chief Justice Tengku Maimun Tuan Mat that he would also not even present oral submissions for his client.

However, Tengku Maimun said the court will deal with the matter on Tuesday. The court had set August 15-19 and August 23-26 to hear the appeal.

The prosecution led by ad hoc prosecutor V. Sithambaram, when wrapping up its submissions on Friday, said the court could proceed to deliberation in the absence of the former prime minister’s fresh written or oral submissions.

Citing case law, Sithambaram submitted that there was precedent for the court to “proceed accordingly” as the defence had stated that they did not plan to file any fresh submissions for the appeal.

Friday was the second day of sitting of the panel – which also comprises Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court judges Nallini Pathmanathan, Mary Lim and Mohamad Zabidin Mohd – to hear Najib’s final appeal to quash his conviction and sentence.

In the first two days of the proceedings, Teh had first sought to recuse himself from representing Najib but his request was turned down by the court and it directed the prosecution to submit.

Teh on Friday had also told the panel that Najib had discharged his solicitors, Zaid Ibrahim Suflan TH Liew & Partners, from representing him.

The lawyer once again asked the court to postpone the hearing to Thursday as he had other cases on Tuesday and Wednesday, but this request was rejected by the court.

On Tuesday, the court had dismissed Teh’s application to postpone the appeal hearing and ordered the appeal to proceed on Thursday.

On July 28, 2020, then High Court Judge Mohd Nazlan Mohd Ghazali – since elevated to the Court of Appeal – sentenced Najib to 10 years in prison on each of the three counts of criminal breach of trust and each of the three counts of money laundering, and 12 years in prison and a RM210 million fine, in default five years in prison, in the case of abuse of power.

Last year, the Court of Appeal upheld the High Court’s decision and dismissed Najib’s appeal to set aside his conviction and sentence. – Bernama, August 21, 2022.