‘Not the end’ for SRC case, Shafee says, as minority judgement opens new avenues for action

PUTRAJAYA, March 31 — Counsel representing Datuk Seri Najib Razak have indicated today that it was “not the end” for the SRC International case, following the Federal Court’s decision to dismiss the latter’s bid for it to review its ruling last year upholding Najib’s conviction, sentence and fine for misappropriating RM42 million from the company.

Defence lawyer Tan Sri Muhammad Shafee Abdullah said this in response to questions over the finality to litigation after the majority decision by four judges on the Federal Court panel rejected Najib’s challenge against his conviction and sentence in the SRC case.

During a press conference after today’s hearing, Muhammad Shafee said a minority judgement in today’s hearing has provided his client further avenues to possibly mount anew court action.

“I think the SRC case very unlikely will end that fast. Let’s assume if he gets a royal pardon, I think he will still want to fight in court.

“He is determined he never did anything wrong. He was misled.

“We think this case has been decided on grounds which are difficult to comprehend, and we are surprised the current Federal Court did not even allow him to reargue the matter because his lawyers were not prepared at the time.

“Is there a fear he will get an acquittal?” he told reporters at the Palace of Justice here.

When pressed further if Najib will seek to file a new review bid, Muhammad Shafee declined to confirm.

“As result of the minority judgement, there is avenue that is open. There are cases whose reviews are done not only once. As long as there are grounds for fresh review it can be done,” he said.

Earlier, a 4-1 decision by four judges on the Federal Court panel rejected Najib’s challenge against his conviction and sentence in the SRC case, and effectively endorsed the August 2022 decision of the Federal Court panel chaired by Chief Justice Tun Tengku Maimun Tuan Mat which had ordered Najib to begin serving his sentence.

Federal Court judge Datuk Vernon Ong Lam Kiat read out the majority decision, which was agreed to by three others on the panel — Federal Court judges Datuk Rhodzariah Bujang and Datuk Nordin Hassan, and Court of Appeal judge Datuk Abu Bakar Jais who was sitting as a Federal Court judge.

Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli, who was chairing the five-judge bench, was the only judge who dissented or disagreed with the majority.

Today’s verdict effectively endorsed the August 2022 decision of the Federal Court panel chaired by Chief Justice Tun Tengku Maimun Tuan Mat which had ordered Najib to begin serving his 12-year sentence.

This means Najib must remain in prison to serve his 12-year sentence, where he has spent the last seven months now unless he secures a royal pardon from the Yang di-Pertuan Agong.

Muhammad Shafee also stressed the importance of a fair trial while expressing his “extreme disappointment” at the Federal Court’s judgement.

He however took solace in Abdul Rahman’s lone dissenting voice which held that the court’s discretion must be exercised judiciously, saying further the learned judge was right to cite Rule 137 of the Rules of the Federal Court to stop any perpetuation of injustice. “This suggests that an injustice had taken place with regard to Najib’s case.

“Justice is not only about finding out if someone is guilty or not, but also about applying the process of giving the fairest of trials,” he said.

He said the judge went as far as to suggest granting a consequential order of a discharge and an acquittal to Najib instead of a retrial on grounds that the former prime minister was not accorded a fair trial.

As far as royal pardon was concerned, Muhammad Shafee said it was of utmost importance for the Agong to be given the opportunity to peruse today’s judgement which had condemned the way the case was managed at the main appeal hearing last year.

On July 28, 2020, Justice Datuk Mohd Nazlan Mohd Ghazali found Najib guilty of all seven charges — three for criminal breach of trust, three for money-laundering, and one for abuse of power — at the High Court.

Mohd Nazlan, who is now a Court of Appeal judge, then sentenced Najib to 12 years in prison and fined him RM210 million in default five years imprisonment.

His decision was upheld by the Court of Appeal on December 8, 2021.