KUALA LUMPUR - Incarcerated former prime minister Datuk Seri Najib Razak has filed a petition before the United Nations Working Group on Arbitrary Detention (UNWGAD) seeking for his release or a retrial of his appeal.
His lead counsel Tan Sri Muhammad Shafee Abdullah said the petition was made on grounds that the hearing of his client's appeal at the Federal Court has serious defects and was contrary to the rules of international justice.
He said the petition was filed at about 1.30pm, today.
In seeking for the dismissal of the Federal Court's Aug 23, 2022 decision, Shafee said the appeal's proceedings had failed to accord Najib a reasonable opportunity to argue his case.
He said the Apex Court had also denied the defence team adequate time to prepare and make submissions in the appeal against the former Pekan MP's conviction, 12 years imprisonment and RM210 million fine over the misappropriation of RM42 million funds belonging to SRC International Sdn Bhd.
"Najib was sent to jail without the opportunity to defend himself at the Federal Court," Shafee said in a press conference at his office in Bukit Tunku, here, today.
He also contended that the decision was unjust, flawed and violated his client's basic human rights and Federal Constitution.
Shafee said the final few days of the appeal in August, last year, amounted to a "rushed justice" as the defence lawyers were not allowed the time needed to go through the tens of thousands of pages of the appeal papers as well as the 94 grounds of appeal that the previous lawyers filed.
"The UNWGAD which will hear the appeal comprises five distinguished human rights judges.
"They will not be called upon to decide whether Najib is guilty but to determine whether his trial was fair and if not, may call upon the government to release him or provide him with a retrial.
"Although this decision is not directly binding, it is very influential especially as Malaysia has a distinguished jurist who is currently a member of the working group," he said.
He added that Prime Minister Datuk Seri Anwar Ibrahim was one of UNWG’s strongest advocates and the latter had stated that the working group's opinion was an important milestone on his journey to freedom.
Shafee said Najib expressed hope that the current government will follow the panel's ruling once it was made available.
In 2015, the UNWGAD had called Anwar's imprisonment for a sodomy conviction "arbitrary and illegal", urging the Malaysian government to free him immediately.