NAJIB Razak is left with one more legal option having failed to quash his conviction in the SRC International Sdn Bhd case today.

The Federal Court today upheld his sentence and ordered the former prime minister to begin his 12-year jail sentence immediately and pay a fine of RM210 million for misappropriating RM42 million in SRC funds.

Senior lawyer Alex de Silva said Najib can now file for a review under rule 137 of the Rules of the Federal Court 1995.

“It looks like he is manoeuvring towards a review under rule 137 of the Federal Court rules,” de Silva told The Malaysian Insight.

“In this case, they don’t revisit the merits of the case; they will look at the process, whether Najib was given due process or was there any injustice levelled towards him to the effect that it affected the final decision.”

De Silva said Najib’s lawyers could use the excuse that they did not have sufficient time to prepare or the fact that he was unrepresented or even alleged that Chief Justice Tengku Maimun Tuan Mat was biased.

“I’m not sure it will hold water. A review is extremely difficult and he must show strong grounds,” he said.

An example where a review would succeed would be a case whereby during a five-man panel at a hearing, one member leaves the room, he said.

“This is a quorum failure, so the case is not heard properly,” he said.

In Najib’s case, his strongest point is that he did not get to present his case for lack of a lawyer, de Silva said, adding this is of Najib’s own doing.

“This is not an excuse. Then everybody can say they have bad lawyers. This is not reviewable,” he said.

Najib had initially tried to apply for Jonathan Laidlaw QC to represent him at his final appeal. This was, however, rejected by the High Court.

In the week leading to the appeal, Najib dismissed his lead counsel, Muhammad Shafee Abdullah, and appointed Hisyam Teh Poh Teik as his lead counsel. He also appointed Messrs Zaid Ibrahim Suflan TH Liew & Partners as his new legal team.

In the middle of the appeal, Najib, however, dismissed his new legal team, saying that they were not well versed in criminal trials.

Teh then applied to recuse himself on the grounds that he did not have enough time to prepare. This, too, was denied by the court.

In the unlikely event that Najib succeeds in his review, de Silva said this does not mean his conviction is reversed.

“Even if the review is successful, I think all it means is that the Federal Court appeal is reopened. It won’t change the earlier two decisions by the High Court and the Court of Appeal,” he said.

This means that Najib will no longer be able to contest in the next general election, he said.

A non-legal option will be applying for a royal pardon, de Silva added. – August 23, 2022.