PUTRAJAYA - The final appeal by Datuk Seri Najib Razak to set aside his conviction and sentence of 12 years jail and RM210 million fine for misappropriating RM42 million funds belonging to SRC International Sdn Bhd is scheduled for hearing at the Federal Court, today.
The nine-day proceeding beginning Aug 15 until Aug 26, will be heard before a five-man bench.
Chief Justice Tun Tengku Maimum Tuan Mat is expected to lead the bench.
In the proceedings today, the court was expected to hear submissions by the former prime minister's lawyers on a motion to adduce new evidence.
If the motion was rejected, the court will proceed to hear the appeal which will be conducted by Najib's newly appointed defence team led by lawyer Hisyam Teh Poh Teik, assisted by lawyers Liew Teck Huat and M. Reuben.
It is understood that the lawyers will submit an oral application to adjourn the proceedings the appeal upon completion of their submissions and the decision on the motion as the defence was not ready to proceed with the appeal.
They required some time to make preparations for the appeal as they have just been appointed by Najib after the latter discharged his lead defence lawyer Tan Sri Muhammad Shafee Abdullah and law firm Shafee & Co.
However, on July 28 the Federal Court instructed for the hearing of the appeal to proceed as scheduled stating that no adjournment will be granted and that parties needed to make preparations early.
The matter was revealed though a letter from the Federal Court Registrar's Office to the newly appointed law firm, Messrs Zaid Ibrahim Sufian TH Liew & Partners (Zist).
There were also rumours that the lawyers wanted to withdraw themselves from representing Najib if the court insisted that the hearing of the appeal proceeded.
Zist in a statement denied the rumours about the withdrawal stating that it would not "leave" its client.
However, if this had really happened, there were three possible scenarios.
In the first scenario, the Federal Court might order Najib to represent himself without a lawyer or the court will postpone the proceedings to give Najib a second chance to prepare.
The third scenario was that the court might postpone the hearing until Najib engaged a new lawyer for the third time.
Meanwhile, lawyer Datuk Geethan Ram Vincent said if the first scenario had happened, the court could say to Najib that he has been given a chance and needed to proceed with the final appeal by himself.
This, he said would rarely happen.
Geethan is representing Najib's wife Datin Seri Rosmah Mansor in her corruption trial involving the solar hybrid project for 369 schools in rural schools in Sarawak involving RM1.25 billion.
He said this was Najib's final chance to set aside his conviction and sentence.
In addition, he said the defence team might also seek for the court to consider a re-trial after the hearing of the notice of motion for a declaration that the trial at the High Court was null and void.
Najib will make the application based on the grounds that High Court judge Datuk Mohd Nazlan Mohd Ghazali who was the trial judge, had deliberately failed to disclose his role in the Maybank Investment through Bina Fikir Sdn Bhd in the establishment of SRC international.
Geethan added that it was also possible that if the lawyer withdrew themselves from representing Najib, the court will give the appellant a short period of time to find a new lawyer who was qualified and willing to represent him.
"In my opinion, usually the court will give him (Najib) the opportunity to engage a new lawyer because this is his last chance.
"I believe that any lawyer that is appointed should be given enough time to make preparations.
"The case involves many witnesses and many relevant documents so, the appellant must be given a chance to observe the records of appeal completely to make proper preparations," he said when contacted by Sinar Harian.
SRC International, a former subsidiary of 1Malaysia Development Bhd (1MDB) is now completely owned by the Ministry of Finance Incorporated.