PUTRAJAYA (Nov 23): The Federal Court registrar's office has fixed Dec 8 as the day when the Court of Appeal (COA) will deliver its decision on former prime minister Datuk Seri Najib Razak's appeal to set aside his conviction and 12 years jail sentence and RM210 million fine with regard to the SRC International Sdn Bhd case.
In a brief statement, it said the COA will deliver the decision in Putrajaya at 9am.
If Najib succeeds in overturning this conviction, then he will be able to contest in the next general election, where he would likely stand in Pekan, where he has contested and won since 1976 as he succeeeded his late father, Tun Abdul Razak Hussein, in the Pahang-based parliamentary seat.
If the conviction is upheld, then he will be out of running — at least pending his next appeal — as a person is disqualified from being a member of Parliament under Article 48 of the Federal Constitution if he is fined RM2,000 or more, or is sentenced to more than a year's jail.
The announcement on Tuesday (Nov 23) came slightly over six months after the COA bench led by Justice Datuk Abdul Karim Abdul Jalil reserved judgement in delivering its decision after hearing submissions from both the defence and prosecution that ended on May 18.
Sitting with Justices Abdul Karim on the three-member panel were Justices Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.
On that same day (Dec 8), Najib's wife Datin Seri Rosmah Mansor will be in the Kuala Lumpur High Court to continue with her cross-examination over her solar hybrid project graft case involving 369 rural schools in Sarawak.
Najib, 68, was found guilty by the High Court on July 28 last year of abusing his power with regard to approval for the RM4 billion Retirement Fund (Incorporated) (KWAP) loans for SRC in 2011 and 2012, and also three counts each of criminal breach of trust and money laundering of RM42 million of the company's funds.
He allegedly received a total of RM42 million in three tranches of RM27 million, RM5 million and RM10 million between Dec 26, 2014 and Feb 10, 2015.
In finding the former premier guilty of all seven charges, Najib was sentenced by trial judge Justice Mohd Nazlan Mohd Ghazali to 12 years jail and a RM210 million fine or in default another five years jail if the fine is not paid.
Justice Nazlan in his judgement described the SRC case as “among or near the worst case of abuse of power and betrayal of trust” the court had seen.
The former Umno president, however, has obtained a stay of the jail sentence and fine pending his appeal, but his bail was raised to RM2 million.
Initially, the prosecution filed an appeal over the sentence, while Najib's lawyers led by Tan Sri Muhammad Shafee Abdullah filed a cross-appeal to set aside the conviction and sentence.
However, the prosecution did not pursue enhancing the fine, resulting in Najib's appeal to be mainly heard, while ad hoc prosecutor Datuk V Sithambaram, who was leading the prosecution team, defended Justice Nazlan's findings.
Shafee and his defence team that also comprised counsels Harvinderjit Singh and Farhan Read presented 307 grounds of appeal against Justice Nazlan's July 28 verdict.
The former prime minister, who is also a former finance minister, at the end of the hearing of the submissions in his appeal hoped his appeal, if successful, would help him clear his name.
“I pray that justice is done and I get the opportunity to clear my name,” he said after thanking his legal team for the work they had put into the case.
“This present period is a test to my family and I pray that what we hope for will come true,” he said.
Besides this, Najib is also facing ongoing trials in relation to SRC's former parent company 1Malaysia Development Bhd (1MDB) for abuse of power and money laundering in two different High Courts.
He is also facing trials with regard to the International Petroleum Investment Company (IPIC) together with former Treasurer secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah and also another RM27 million money laundering charge in relation to SRC. Both the IPIC and second SRC trials have yet to commence.
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