PUTRAJAYA: The hearing of Datuk Seri Najib Tun Razak's application to review the Federal Court’s decision in upholding his conviction and 12 years’ jail sentence and fine for misappropriation of RM42 million of SRC International Sdn Bhd fund has begun on Thursday (Jan 19).
The former prime minister (pic) is seeking to overturn the decision made by a five-member bench of the Federal Court led by Chief Justice Tengku Maimun Tuan Mat on Aug 23 last year or for a re-trial of his appeal.
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Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli is chairing a five-member panel comprising Federal Court judges Justices Vernon Ong Lam Kiat, Rhodzariah Bujang and Nordin Hassan.
Meanwhile, Court of Appeal judge Justice Abu Bakar Jais has been co-opted to be on the bench by virtue of Article 122 (2) of the Federal Constitution in the interest of justice.
Najib, 69, is represented by lawyer Tan Sri Muhammad Shafee Abdullah, while ad hoc prosecutor Datuk V. Sithambaram acted for the prosecution.
In proceedings, Muhammad Shafee has raised his first objection, one that he says puts him in an "uncomfortable position" as he has to disapprove of one of the five judges, Justice Abu Bakar.
He said that according to Section 74 of the Courts of Judicature Act (CJA) 1974, the composition of the Federal Court must consist of all Federal Court judges.
"This is nothing personal as I have known Justice Abu Bakar since our service days," he said.
Meanwhile, lead prosecutor Datuk V. Sithambaram said the objection against the judge must show a real danger of bias.
He said Chief Justice Tengku Maimun Tuan Mat has fulfilled the requirements of Article 122 of the Federal Constitution with the selection of Justice Abu Bakar on the panel.
Sithambaram then said that the defence's bid to shape the panel is "highly offensive and contemptuous".
"We sitting at the Bar cannot tell the court how they come up with the panel. That's contemptuous," Sithambaram added.
He also said that the defence should not be seeking any special treatment over the proceedings.
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This is Najib's final attempt via court proceedings to set aside his conviction.
The former Pekan MP has also filed a petition seeking a royal pardon for his conviction in the SRC International case.
Besides that, Najib through Messrs Shafee & Co, had on Jan 5 filed a petition before the United Nations Human Rights Council Working Group on Arbitrary Detention (UNWGAD).
The petition was filed at the office of the High Commission of Geneva via digital submission in which he is seeking a release or a retrial following the the Federal Court appeal hearing which he claimed had serious defects and was contrary to the rules of international justice.
