Even when Najib is lying on the hospital bed, he still proves to be a headache for the Malaysian justice system.
Decisions made in the Federal Court of Appeal cannot be overturned through appeals, as there is no higher court to appeal to.
However, a litigant can file for a review, which Najib did.
Of course he did.
Lawyer Rahmat Hazlan from Messrs Shafee & Co has confirmed that they have applied for a review of the Federal Court’s decision to uphold his conviction and sentence for misappropriating RM42 million from SRC, a former branch of 1Malaysia Development Bhd (1MBD).
It should be noted that this set of lawyers is completely different from the defence team led by Hisyam Teh Poh Teik from Messrs Hisyam Teh. It seems that Mr Hisyam managed to get himself discharged from Najib’s service after all.
Apart from that, the former Prime Minister has also asked for three more things:
- To annul/overturn/negate the court’s decision to dismiss his application to challenge Chief Justice Tengku Maimun Tuan Mat as unqualified to perform her legal duties because of a conflict of interest or lack of partiality;
- To adduce new evidence (for the third time);
- To set aside the disqualification of Judge Mohd Nazlan Mohd Ghazali in the High Court trial.
Chief Justice Tengku was the head of the judge panel who oversaw Najib’s first two attempts to adduce new evidence, and his appeal hearing in Federal Court this August.
On 23 August 2022, the apex court upheld Judge Nazlan’s original ruling of charging Najib with three counts of criminal breach of trust, three counts of money laundering and one count of abuse of power.
As such, Najib was sentenced to 12 years in prison and a fine of RM210 million in July 2020.
For the third point, Najib previously doubted Judge Nazlan’s credibility and impartiality as a judge because he was Maybank’s general counsel and secretary from 2005 to 2015, a timeframe which coincides with when SRC took bank loans to fund various investments.
However, this argument was summarily shot down by the Chief Justice, who said that there was “no basis” to prove that Judge Nazlan’s prior professional involvement would affect the findings, nor why it would result in a conflict of interest or bias in his judgement against Najib.
Additionally, she noted that she could not see how Judge Nazlan’s occupational history had any bearing on the question of abuse of power.
In essence, Najib is trying to overturn decisions that have been upheld twice, by refusing the dismissal.
He is doing all this while his petition for a royal pardon is being processed, mind you.
Najib really does not know when to quit, jeez.
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Featured Image: Malay Mail
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