Chief justice says Federal Court vacancies won’t affect hearing for Najib’s SRC International review on Jan 19

PUTRAJAYA, Jan 9 — There are enough Federal Court judges to form the panel to hear former prime minister Datuk Seri Najib Razak's bid to challenge his SRC International conviction and imprisonment next week, the country’s top judge confirmed today.

Chief Justice Tun Tengku Maimun Tuan Mat noted that the fact that hearing dates had been scheduled for Najib's review of his conviction in the SRC case meant that the Federal Court already has a panel ready to hear the case.

“No, Datuk Seri Najib's review, we have already fixed dates. When we fix dates, we have already prepared the panel of judges, so those vacancies will not affect Datuk Seri Najib's review case,” she told a press conference here after the Opening of the Legal Year 2023.

Tengku Maimun was responding to a question by reporters on whether the vacancies in the Federal Court would affect the SRC review hearing.

Since October 2021, the Federal Court had already scheduled January 19, 20 and January 26 to hear Najib's bid for a review of its previous decision to uphold his conviction over the misappropriation of RM42 million of SRC International Sdn Bhd's funds.

On January 5, Najib's lead defence lawyer Tan Sri Muhammad Shafee Abdullah initially indicated uncertainty over whether the SRC review hearing could proceed next week, as his client had asked for a new panel of seven Federal Court judges to hear the case. In voicing uncertainty, Shafee claimed there were only six judges who were not part of the original panel – of five Federal Court judges – which upheld Najib's SRC conviction.

But Shafee also told reporters that Najib's lawyers would be fine with a fresh panel of five Federal Court judges.

According to the latest information as of January 4 on the Judicial Appointments Commission's website, there is currently 38 vacancies in the superior courts, namely for the top positions of President of the Court of Appeal, Chief Judge of Malaya, two Federal Court judges, nine Court of Appeal judges and 25 High Court judges.

Asked about the vacancies for the two positions of President of Court of Appeal and Chief Judge of Malaya and two Federal Court judges, Tengku Maimun said the judiciary believes that there would be appointments made as the process that involves the nomination of names have been undertaken.

She said the Judicial Appointments Commission (JAC) has already forwarded proposed names to the prime minister — some to the former and some to the current PM — for consultation, and noted that the Conference of Rulers had also met recently.

She explained that the judiciary had proposed to fill up two vacancies in the Federal Court, and had last January proposed two names to fill the upcoming vacancies then of Puan Sri Zaleha Yusof and Datuk Seri Mohd Zawawi Mohd Salleh who were due to retire in May and July last year. “In fact by April we already had names, but there was a slight glitch in terms of the process that was taking place then, so that's why we did not see any appointments,” she said.

She added that some appointments are expected to be made for vacancies in the judiciary as the Conference of Rulers had recently considered vacancies at all levels.

The Federal Court had on August 23, 2022 dismissed Najib's final appeal against his conviction in the SRC case and maintained a 12-year jail sentence and RM210 million fine against him. — Picture by Hari Anggara

Asked about Najib's January 5 filing of a complaint to the United Nations Human Rights Council's Working Group on Arbitrary Detention where he complained of an unfair trial in the SRC case and in relation to the Federal Court being the highest court in Malaysia, Tengku Maimun declined to comment further other than saying it is up to Najib to do whatever he wants to do after the court ruling and stating that the judiciary is not affected by his exploring of other avenues.

She pointed out that the judiciary has already fulfilled its responsibility after delivering the court's decision.

“As far as we are concerned, whatever he wants to do after we deliver our decision that is entirely up to him, you know, it doesn't concern us, whatever he wants to do, our job has been done, we have discharged our responsibility in terms of deciding the case, that ends our responsibility when we deliver our decision.

“Whatever else he wants do to do in terms of any other organisation, whatever any avenues that he wants to explore, that is beyond us, I don't think I'm in position to comment this, it's entirely up to him what he wants to do, it does not affect the judiciary at all,” she said when responding to questions from reporters including whether Najib's complaint to the UN working group affects the judiciary.

On January 5, Shafee himself acknowledged that the UN working group is only advisory in nature, and that any findings that it makes would be “not directly binding” on Malaysia, but suggested it would be “very influential”.

The Federal Court — which is the highest court in Malaysia — had on August 23, 2022 dismissed Najib's final appeal against his conviction in the SRC case and maintained a 12-year jail sentence and RM210 million fine against him.

Najib has been in prison since then.