Final SRC appeal: Federal Court finds Najib guilty (Live updates)

  • Nation
  • Tuesday, 23 Aug 2022

Here is a timeline of live updates:

6.10: Najib arrives at Kajang Prison. Confusion earlier reigned within the media group after word broke out that Najib would be sent to Kajang Prison instead of Sungai Buloh Prison.

5.54pm: Najib is believed to have left the court in a Volvo SUV using another exit to avoid the press.

5.53pm: An entourage of police trucks and several cars which included Rosmah's were seen leaving the court. The police trucks were, however, empty.

5.40pm: Najib's lawyer Hisyam Teh spoke briefly to the press after the end of the appeal hearing.

"Of course we are sad, because we lost the appeal.”

When asked if Najib's lawyer would file a review, Hisyam said: "I am not able to say now. But we will be discussing the possibility."

4.39pm: Najib's family, Rosmah, Mohd Nizar, Nooryana Najwa and Norashman are still with him in the dock.

Umno president Datuk Seri Dr Ahmad Zahid Hamidi is also with them.

4.26pm: The CJ says the defence is so inherently inconsistent that it failed to raise reasonable doubt.

She says the conviction is safe on all seven charges and that the sentence is not unanimously 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.

The court is adjourned.

4.22pm: The CJ is now touching on the merits of the main appeal. "We have examined them in great detail," she says. "The court was of the opinion that the High Court was correct to call the appellant to enter his defence."

4.14pm: CJ is touching on the defence's refusal to submit on the appeal grounds.

4.06pm: The CJ says the panel has asked the defence if they would want to submit, they refused. There are no more proceedings to adjourn. The CJ is now reading the court's decision on Najib's main appeal.

4pm: Najib is drawing the court's attention to a leak grounds of judgment circulated on website Malaysia Today. The court needs to provide answer not just to my family and but to the country that I serve and continue to serve. "This is judicial misconduct is of the highest order," he says, before ending his statement.

3.57pm: Najib's supporters are still gathered outside the Palace of Justice despite the downpour.

3.50pm: The Pekan MP also records his objection on the CJ for presiding over the appeal, in relation to the CJ's husband's Facebook post.

"Surely such strong statements by (CJ's husband) Datuk Zamani Ibrahim would have been brought to your attention and shared. The test here is not actual bias but the appearance of bias," Najib says.

3.48pm: Najib pleads for time to be given. He is asking for two months for his lawyers to prepare.

"Let me have my day in court," he said.

3.41pm: Najib compares his case to that of Datuk Seri Anwar Ibrahim. He says Anwar's case took over seven years and 70 adjournments to get to the Federal Court stage.

He said he had never sought for an adjournment in the appeal apart from following the discharge of his solicitors.

3.38pm: Najib is now speaking about why he had to change his solicitors and why he had wanted to engage the Queen's Counsel.

3.36pm: Datuk Seri Dr Ahmad Zahid Hamidi enters the Palace of Justice. He took the staircase next to the entrance far from the media.

3.30pm: Chief Justice Tengku Maimun says that Federal Court is ready to deliver its verdict on Najib's appeal.

3.27pm: The Federal Court has dismissed Najib's application to recuse the CJ. Najib seeks permission to speak to the panel. He is now reading from a paper and addressing the panel.

Najib speaks about the failure to get adjournment and mistreatment by the court.

"I I feel a fair trial is not accorded to me.

"I plead that no offence is taken for what I've said and it's simply coming from my heart. That's how I really feel as an appellant at the final stage of the case."

3.20pm: Court is in session.

2.39pm: Datin Seri Rosmah Mansor walks into the courtroom. She joins her children Norashman and Nooryana Najwa who are sitting on the last bench at the public gallery.

1.20pm: Najib's wife Datin Seri Rosmah Mansor is seen entering the Palace of Justice.

12.40pm: Firoz informs the court that he would need to take instructions from his client during lunch time.

The panel does not allow his request.

"Court stands down to deliberate on the motion to recuse," the CJ says.

12.39am: Hisyam invites lawyer Datuk Firoz Hussein Ahmad Jamaluddin to supplement his submission.

As Firoz, who had earlier sat at the public gallery, walks into the bar area, Sithambaram stood up to object.

"This is a court of law. This is not a circus, where people walk in and out to take part," Sithambaram said.

12.10pm: Lead prosecutor Datuk V. Sithambaram stood up to reply to Hisyam's submission. He said the recusal application was deliberately made to delay.

"This application is mala fide. Done to scuttle the proceedings," he said.

He said the defence could have found that Facebook post by Zamani four years ago.

He said "this is what criminal lawyers do best", insinuating at the defence's attempt to delay.

12.05pm: Hisyam has finished his submission and requests for the court to allow Muhammad Shafee to come tomorrow morning "to supplement" his submission.

11.35am: Muhammad Shafee leaves the courtroom.

11.32am: CJ rejects application to adjourn the matter to tomorrow.

"We find no reason to adjourn this matter," she said.

Hisyam says he is ready to proceed but his colleague Muhammad Shafee will return tomorrow morning to do his part of the submission.

The CJ says it is entirely up to Muhammad Shafee if he wants to come tomorrow.

"If we proceed today and everything is concluded today, there is no need for tomorrow.

"Nobody needs to be here tomorrow," she adds.

Hisyam continues with his submission on the recusal application.

11.24am: Muhammad Shafee is asking for an adjournment until tomorrow as he said that he came here unprepared and without any documents.

"I have no material before me," he said.

CJ: So you only come here to ask for adjournment?

Muhammad Shafee: For tomorrow only.

11.19am: Muhammad Shafee has arrived and is addressing the court.

11.15 am: Hisyam is reading the supporting affidavit filed by Najib in the application.

He said previously, two other judges - Justice Mohd Sofian Abd Razak and Justice Wan Ahmad Farid Wan Salleh - have both recused themselves from hearing Najib's case due to their brothers' involvements in Umno.

11.08am: Court is back in session. Hisyam said he has appointed his colleague Tan Sri Muhammad Shafee Abdullah to assist him.

CJ: I thought he has been discharged.

Hisyam: But I have asked him to come and assist me.

Hisyam asks the court to stand down for a while to wait for Shafee's arrival. CJ tells Hisyam to proceed first with the submission on the recusal application.

10.24am: Najib is seen walking out of the courtroom.

10.05am: Court stands down. "We will wait for the application on recusal," the Chief Justice said.

9.45am: Lead counsel Hisyam Teh Poh Teik informs the court that the appellant has filed an application late last night to recuse the Chief Justice from the panel.

"The application has been processed and been given a (case) number," he said.

Hisyam said the application was made with "the greatest respect" and it was to raise a point of law and not to delay the proceedings.

9.40am: Court is in session.

9.28am: Najib is sitting at the public gallery inside the Federal Court. He is seen reading some documents. Sitting next to him is his son, Mohd Nizar.

9.20am: Najib arrives at the Federal Court. He waves to the press members.

8.30am: Supporters of Datuk Seri Najib Razak have gathered in droves outside the Palace of Justice. Mostly clad in black, some of the supporters were heard chanting "Hidup Bossku!"

Among the supporters are a group of Wanita Umno members from Najib's hometown of Pekan in Pahang. Amnah Habi Mat Pian, 60, said the group came in four buses which left Pekan at midnight.

"We are Felda settlers and we fully support our Bossku. He has done so much for us and we hope he gets 'justice'.

"If he goes to prison, it will be a sad day for us, but we will accept it as fate," she said.

PUTRAJAYA: A panel of five judges chaired by Chief Justice Tengku Maimun Tuan Mat reconvenes on Tuesday (Aug 23) morning to preside over the final SRC International Sdn Bhd appeal involving Datuk Seri Najib Razak.

Last Friday (Aug 19), the prosecution led by ad hoc prosecutor Datuk V. Sithambaram wrapped up its submissions.

Meanwhile, Najib's lead counsel Hisyam Teh Poh Teik told the panel that he would not be making any submissions for his client.

He later told the media that his stance would not change come Tuesday.

ALSO READ: Final SRC appeal: What’s next if Hisyam doesn’t make submission

On the fifth day of the appeal, the panel is expected to ask Hisyam again one last time whether he would be making a submission and replying to the prosecution's rebuttal on Friday.

On July 28 last year, the Kuala Lumpur High Court sentenced Najib to a total of 12 years in jail and a total fine of RM210mil after he was found guilty of seven charges of criminal breach of trust, money laundering and abuse of position in the RM42mil SRC International case.

Najib is appealing the conviction and sentence.

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