KUALA LUMPUR: The prosecution in Datuk Seri Najib Razak's case on the embezzlement of RM42mil in funds belonging to SRC International Sdn Bhd claims that the former prime minister was given a fair trial and there was no prejudgement in his final appeal at the Federal Court.
Deputy Public Prosecutor Mohd Ashrof Adrin Kamarul said the review application on the Federal Court's decision requested by Najib under Rule 137 of the Federal Court Rules 1995 had no merit and was an abuse of the court process.
"The applicant's (Najib) opinion that this case is a suitable and proper case for the Federal Court to use the existing powers and jurisdiction under Rule 137 is wrong and without merit.
"The facts and circumstances of this case do not allow the use of Rule 137 since this case does not show exceptional circumstances for review," he said in the answering affidavit filed in response to Najib's affirmed supporting affidavit on Sept 6.
Mohd Ashrof, who filed the answering affidavit on Oct 7, said the existing jurisdiction of the court should not be used to review the Federal Court's decision based on merit, as otherwise, it would result in there being no definitive litigation process.
"This case (Najib's review) is not an unusual case where a review can be allowed. Therefore this review application should be rejected by the court," he said.
He said there was no reason for the applicant to be shocked or surprised when the Federal Court confirmed the conviction and sentence imposed by the High Court.
He said the Federal Court found that the sentence imposed on the applicant was not excessive and upheld the conviction and sentence.
"The respondent (Deputy Public Prosecutor) also did not challenge the punishment imposed on the applicant. Therefore, I state that there is nothing illegal in the eyes of the law and in conflict with the Federal Constitution regarding the punishment imposed on the applicant by the Federal Court, " said Mohd Ashrof.
Najib, 69, filed an application to review the Federal Court's decision which upheld the conviction and sentence against him for misappropriating RM42mil in funds belonging to SRC International.
He also requested permission to review the decision of the Federal Court on Aug 23, which rejected his appeal and upheld his conviction and sentence to 12 years in prison and a fine of RM210mil in default of another five years in prison.
As an alternative, Najib requested that the appeal be heard again by a new Federal Court quorum consisting of at least seven judges.
Najib, who is currently serving his sentence at the Kajang Prison, also applied for a stay of execution of the conviction and sentence pending the hearing of the review application.
His affidavit filed in support of the application states that he truly believes and has been advised by his solicitor that the decision of the Federal Court can be reviewed in accordance with Rule 137 of the Federal Court Rules 1995. – Bernama