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SRC review: Dissenting judge backs Najib acquittal over ‘injustice’ during main appeal hearing
In his minority ruling, Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli said there appeared to be a miscarriage of justice in the main appeal process when Najib was left without legal representation after his then lead counsel Datuk Hisyam Teh Poh Teik said he was not prepared to submit, and subsequently, sought to discharge himself. — Picture by Yusof Mat Isa
Friday, 31 Mar 2023 3:17 PM MYT
PUTRAJAYA, March 31 — The sole dissenting judge in the Federal Court’s 4-1 decision to dismiss Datuk Seri Najib Razak’s bid to review its ruling last year upholding his conviction for misappropriating RM42 million from SRC International said Najib ought to be acquitted and discharged of all criminal charges since an injustice had taken place.
In his minority ruling, Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli said there appeared to be a miscarriage of justice in the main appeal process when Najib was left without legal representation after his then lead counsel Datuk Hisyam Teh Poh Teik said he was not prepared to submit, and subsequently, sought to discharge himself.
Last year, Hisyam had informed the court he refused to submit on behalf of the defence since he was unprepared, with the court later rejecting Hisyam’s request to discharge himself.
“It was not possible for the earlier panel to conduct the main appeal in accordance with the rule of natural justice, due to the fact that counsel had discharged himself, leaving the applicant stranded.
“They should have adjourned the hearing of the main appeal because the rules of natural justice are paramount.
“The applicant was not heard at all. The applicant is at a great and substantial injustice. He was in a disadvantaged state, as he was not represented during the appeal.
In allowing Najib’s application, Abdul Rahman said he could only arrive at one conclusion in that the circumstances indeed warrants a review under Rule 137 of the Rules of the Federal Court of the reason an injustice has been caused against Najib.
“For all the reasons, I allow the application by the applicant. As for the consequential order to be made, the proper order in my view would be the order of acquittal and discharge of all the offences the applicant was charged with.
“It appears to me there’s a miscarriage of justice and the applicant was deprived of a fair hearing,” he said.
MORE TO COME
Friday, 31 Mar 2023 3:17 PM MYT
PUTRAJAYA, March 31 — The sole dissenting judge in the Federal Court’s 4-1 decision to dismiss Datuk Seri Najib Razak’s bid to review its ruling last year upholding his conviction for misappropriating RM42 million from SRC International said Najib ought to be acquitted and discharged of all criminal charges since an injustice had taken place.
In his minority ruling, Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli said there appeared to be a miscarriage of justice in the main appeal process when Najib was left without legal representation after his then lead counsel Datuk Hisyam Teh Poh Teik said he was not prepared to submit, and subsequently, sought to discharge himself.
Last year, Hisyam had informed the court he refused to submit on behalf of the defence since he was unprepared, with the court later rejecting Hisyam’s request to discharge himself.
“It was not possible for the earlier panel to conduct the main appeal in accordance with the rule of natural justice, due to the fact that counsel had discharged himself, leaving the applicant stranded.
“They should have adjourned the hearing of the main appeal because the rules of natural justice are paramount.
“The applicant was not heard at all. The applicant is at a great and substantial injustice. He was in a disadvantaged state, as he was not represented during the appeal.
In allowing Najib’s application, Abdul Rahman said he could only arrive at one conclusion in that the circumstances indeed warrants a review under Rule 137 of the Rules of the Federal Court of the reason an injustice has been caused against Najib.
“For all the reasons, I allow the application by the applicant. As for the consequential order to be made, the proper order in my view would be the order of acquittal and discharge of all the offences the applicant was charged with.
“It appears to me there’s a miscarriage of justice and the applicant was deprived of a fair hearing,” he said.
MORE TO COME
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