PUTRAJAYA - The Federal Court tomorrow will decide whether former prime minister Datuk Seri Najib Razak will be granted leave to review his conviction and sentence in his case over the misappropriation of RM42 million of funds belonging to SRC International Sdn Bhd.
The verdict will be delivered by a five-man bench led by Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli with Federal Court judges Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang and Datuk Nordin Hassan as well as Court of Appeal judge Datuk Abu Bakar Jais.
If the court granted Najib leave for a review, the panel of judges will set a date for the proceedings.
There was also a possibility for the judges to hear the submissions of the review application from both parties on the same day.
However, if the court rejected the former Pekan MP's application, his final option was to remain in the Kajang Prison and seek a royal pardon from the Yang di-Pertuan Agong.
It was reported that Najib had filed a petition to seek pardon on Sept 2, 2022.
On Sept 6 last year, Najib had filed an application to review the Federal Court's decision, which upheld the conviction, sentence and fine against him for misappropriating SRC International funds.
In a notice of motion filed through law firm Shafee & Co, Najib was seeking for an order for the decision of his main appeal to be set aside and to be acquitted from the charges.
Secondly, Najib was seeking to review the Federal Court's decision made by a five-man bench led by Chief Justice Tun Tengku Maimun Tuan Mat, on Aug 23, last year, which did not grant him a stay of the proceeding following the withdrawal of his lawyer Datuk Hisyam Teh Poh Teik in the case.
Najib was also seeking for his appeal to be heard again by another Federal Court panel comprising not less than seven Federal Court judges or those deemed appropriate by the court.
The Umno leader also wanted to adduce additional evidence involving trial judge at the High Court Datuk Mohd Nazlan Mohd Ghazali (now Court of Appeal judge) and to nullify the trial.
In an affidavit, Najib stated that he was advised by his lawyer that the Federal Court's decision could be reviewed in accordance with Rule 137 of the Federal Court Rules 1995.
In the proceeding, deputy public prosecutor Datuk V. Sithambaram prosecuted while Najib as the appellant was represented by lawyer Tan Sri Muhammad Shafee Abdullah.
On July 22, 2020, the Kuala Lumpur High Court found Najib guilty of seven charges of criminal breach of trust (CBT), abuse of power and money laundering involving funds belonging to SRC International.
Najib was sentenced to 10 years jail for each of the three CBT charges and three money laundering charges as well as 12 years jail and RM210 million fine, in default five years in prison for a single abuse of power charge.
However, Najib only had to serve 12 years in prison after the judge ordered the sentences to run concurrently.
The conviction and sentence against Najib was later upheld by the Court of Appeal and the Federal Court.
Najib, 70, is currently serving jail time at the Kajang Prison after his last appeal at the Federal Court to set aside the conviction, sentence and fine on Aug 23, last year failed.