PUTRAJAYA: The Federal Court has dismissed Datuk Seri Najib Razak’s appeal to quash his conviction and sentence in the SRC International Sdn Bhd trial on Tuesday (Aug 23).
Chief Justice Tengku Maimun Tuan Mat says the defence is so inherently inconsistent it failed to raise reasonable doubt.
She says the conviction is safe on all seven charges and that the sentence is not excessive.
"These appeals are therefore unanimously dismissed and the conviction and sentence are affirmed.
"I pronounce warrant of committal," the CJ said before adjourning the proceedings.
Najib's lead counsel Hisyam Teh Poh Teik had stood up to request for a stay of execution pending a review application on the decision. This was denied by the court.
"There is no law provision for that. Court is adjourned," the CJ responded before leaving the courtroom Tuesday (Aug 23).
Earlier Tuesday, the defence team applied for the CJ to be recused from hearing the final appeal of the SRC International Sdn Bhd case.
"The application has been processed and given a (case) number," said Hisyam.
He said the application was made with "the greatest respect" and it was to raise a point of law and not to delay the proceedings.
In the supporting affidavit, Najib said there was a Facebook post by an individual named "Zamani Ibrahim" on May 11, 2018.
However, the prosecution had slammed Najib’s application to recuse the CJ as another delay tactic.
Lead prosecutor Datuk V. Sithambaram said the defence made the application with "mala fide (bad faith)".
"This application is mala fide. Done to scuttle the proceedings," he said in his reply to the defence's submission.
Najib's former counsel Tan Sri Muhammad Shafee Abdullah also made a short cameo during the hearing here.
The senior lawyer arrived shortly after Hisyam informed the five-judge panel that he had roped in Muhammad Shafee to help him with the application to recuse the CJ from presiding over the appeal.
Muhammad Shafee then requested for an adjournment as he was unprepared for the motion.
"I have no material before me," he said.
Tengku Maimun dismissed the application, saying there was no reason to adjourn the recusal matter, and asked Hisyam to proceed with his submission.
"I have given my ruling. We find no reason to adjourn this matter," the CJ said.
On July 28, 2020, Justice Mohd Nazlan Mohd Ghazali (now a Court of Appeal judge) convicted and sentenced Najib on seven charges involving criminal breach of trust (CBT), money laundering and abuse of position, involving SRC funds, totalling RM42mil.
He was sentenced to 12 years' jail and a fine of RM210mil.
The conviction and sentence were upheld by the Court of Appeal.
Najib had filed 94 grounds on why the Court of Appeal had erred in its decision to uphold the High Court’s conviction and sentence.