PUTRAJAYA (Nov 24): The Court of Appeal (COA) on Wednesday (Nov 24) rejected Datuk Seri Najib Razak's application for an adjournment of the date fixed for Dec 8 for the court to deliver its decision on the former premier's appeal to set aside his conviction and 12 years jail sentence and a RM210 million fine with regard to the SRC International Sdn Bhd case.
Deputy registrar Mohd Khairi Haron in a letter directed all parties to come on that day (Dec 8).
The Federal Court's registrar office on Tuesday issued an announcement that the COA will deliver its decision on Dec 8.
A three-member bench led by Justice Datuk Abdul Karim Abdul Jalil that also comprised the appellate court's judges Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera heard Najib's appeal for 15 days before adjourning on May 18 to decide on the appeal.
Late on Tuesday afternoon, Najib's solicitors Shafee & Co wrote in to apply for an adjournment, stating that the Pekan Member of Parliament is scheduled to return from Singapore on Dec 6 and face a seven-day quarantine.
Furthermore, his lead counsel Tan Sri Muhammad Shafee Abdullah is also facing his RM9.5 million money laundering and income tax trial in the Kuala Lumpur Hgh Court before Justice Datuk Muhammad Jamil Hussin on the same day.
Hence, the defence team suggested that the COA deliver its decision between Dec 13 and 17.
Shafee sent letters to Justice Abdul Karim, Justice Jamil and presiding judge Justice Datuk Collin Lawrence Sequerah who had scheduled the 1Malaysia Development Bhd (1MDB)-Tanore trial for dates between Dec 13 and 17.
On July 28 last year, Justice Mohd Nazlan Mohd Ghazali found Najib guilty of all seven counts of charges in relation to SRC.
The former Umno president, who was also the finance minister at that time, was charged with abusing his power with regard to approving 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.
For this, Justice Nazlan sentenced him to 12 years' jail and fined him RM210 million or in default another five years jail if the fine is unpaid.
Najib, who was the highest-level political executive in the country to be convicted, managed to obtain a stay of the sentence and fine, but the court ordered him to produce a higher bail of RM2 million.
A judgement in the SRC case is seen pivotal to the 68-year-old politician's career as if Najib succeeds in overturning this conviction, 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 after succeeding his late father, Tun Abdul Razak Hussein, in the Pahang-based parliamentary seat.
If the conviction is upheld, he will be out of the running — at least pending his next appeal — because Article 48 of the Federal Constitution states that an elected representative would be disqualified once convicted of an offence and sentenced to at least one year's jail or fined for at least RM2,000.