FORMER prime minister Najib Razak’s final appeal against his conviction and sentencing in the SRC International Sdn Bhd case will come to a close in Federal Court today, unless a last-minute change by the five-member bench to grant the defence an adjournment, if requested.

In the build-up to this morning, Najib’s son Nizar called on supporters to go to the Federal Court to show solidarity and support for the former prime minister, two days after the Pekan MP swore in a mosque in the capital he was innocent.

On Friday, ad hoc prosecutor V. Sithambaram finished presenting his submissions, with the defence telling the court that it would not be making its submissions.

The defence – a new team led by Hisyam Teh Poh Teik – told the court that it would stand by Najib’s submissions made at the Court of Appeal and would not make an oral submission.

The Federal Court panel – comprising Chief Justice Tengku Maimun Tuan Mat, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, and Federal Court judges Nallini Pathmanathan, Mary Lim and Mohamad Zabidin Mohd – will hear Najib’s final appeal to quash his conviction and sentence.

Tengku Maimun told Teh he had the entire weekend to prepare and make the submission.

He had earlier asked to be discharged and stated he will not argue as no postponement has been granted to prepare the defence.

When the court convenes today, it is anyone’s guess if Teh and his defence team will make any submission.

If the defence stands firm in its decision not to submit, and if the Federal Court rejects any last-minute application for an adjournment, Najib’s appeal process will end.

Prominent lawyers have said over the weekend the apex court could make an immediate ruling in the SRC International trial, even if Najib’s counsel stands firm.

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

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 is enough material for 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.

Either way, the apex court can either deliver an oral decision today or decide to reserve its judgment to be announced at a later date.

On July 28, 2020, then High Court judge Mohd Nazlan Mohd Ghazali – who has since been 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, all of which to run concurrently.

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

Below is a timeline of Najib’s appeal process.

2020

March 11: The defence concludes the case at the High Court after 33 days, during which 19 defence witnesses testify.

June 1: The High Court begins hearing oral submissions. Both defence and prosecution had filed their written submissions on May 5, 2020, and reply submissions on May 20, 2020.

July 28: Judge Mohd Nazlan Mohd Ghazali sentences Najib to 10 years in prison for each of the three criminal breach of trust charges and three money laundering cases, as well as 12 years jail and a RM210 million fine in default five years in prison for one charge of abuse of power. All sentences are to run concurrently.

The court allows Najib’s application to stay the execution pending his appeal, with a bail of RM2 million.

2021

April 5: Najib’s bid at the Court of Appeal begins before a three-member panel led by Abdul Karim Abdul Jalil, alongside Has Zanah Mehat and Vazeer Alam Mydin Meera.

November 23: The appellate court fixes December 8 to deliver its verdict. Najib applies to vacate the date as he needs to be in Singapore until December 5. The court rejects this application.

December 2: Najib says he was denied a fair trial and says he is unaware of crucial evidence that was concealed from him by several people. 

Najib has consistently denied all wrongdoing. The SRC International case is the first of several corruption trials Najib faces over the multibillion-dollar 1Malaysia Development Bhd scandal.

December 6: Najib’s defence team led by Muhammad Shafee Abdullah submits a request to postpone the hearing and decision after a member of the team tests positive for Covid-19.

December 7: The Court of Appeal rejects the postponement request and, after the hearing, dismisses the application by the defence to adduce new evidence, calling it “unnecessary”.

December 8: Najib fails to overturn his conviction and sentence for seven charges linked to RM42 million of SRC International funds at the Court of Appeal.

A three-member bench chaired by Karim delivers the court’s unanimous decision in hybrid proceedings.

2022

August 15: Najib’s final appeal to quash his conviction starts with his application to adduce fresh evidence to nullify his conviction or be granted a retrial.

Chief Justice Tengku Maimun Tuan Mat presides over the case with four other judges.

Newly appointed lead defence counsel Teh presents the application.

August 16: The Federal Court rejects Najib’s bid to adduce fresh evidence. The court also disallows any adjournment to give his lawyers more time to prepare for the case.

Tengku Maimun says the appeal will begin on August 18.

August 18: Teh’s requests to discharge himself from representing Najib, citing insufficient time to prepare for trial, is rejected by the bench, which says the counsel had not shown sufficient cause to discharge himself.

August 19: Najib dismisses his new solicitors from Zaid Ibrahim Suflan TH Liew & Partners. Only Teh and his two assistants remain in court. – August 23, 2022.