PUTRAJAYA (Aug 23): All eyes will be on defence counsel Hisyam Teh Poh Teik at the Federal Court on Tuesday (Aug 23) on whether he will make any oral submissions for former prime minister Datuk Seri Najib Razak to set aside his conviction and sentence with regard to the SRC International Sdn Bhd case.
Hisyam, who tried to discharge himself after the Federal Court had dismissed the former premier's application to adduce further evidence with regard to then trial High Court judge Datuk Mohd Nazlan Mohd Ghazali, was ordered to be retained by the apex court.
However, Najib had discharged his recent solicitors from Zaid Ibrahim Suflan TH Liew and Partners on Friday. The firm had earlier replaced Messrs Shafee & Co. Hence, this leaves Hisyam at Najib's disposal for defence.
However, Hisyam had indicated on Friday that he would not be filing any written submissions or making oral submissions to the appeal despite Chief Justice Tun Tengku Maimun Tuan Mat indicating that the bench was prepared to hear them orally.
“You have Saturday, Sunday and Monday for three days. Don't tell us you are not prepared to submit on the 94 grounds in the petition of appeal (that had already been tendered by the previous solicitor Messrs Shafee & Co),” said the CJ.
Despite this, Hisyam said he had no submissions to make and Tengku Maimun replied that it is alright as it is his liberty (to do so).
Checks by The Edge also revealed that there are no written submissions tendered by Najib's defence on Monday (Aug 22).
Against this backdrop, the proceedings at the apex court would be a highly watched affair as ad-hoc prosecutor Datuk V Sithambaram told the bench that with or without submissions, the court can still make a decision either to uphold the conviction and sentence, or acquit based on the submissions that had been made previously at the Court of Appeal and High Court.
Besides the CJ, the other members of the bench comprise Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim, Federal Court judges Datuk Nalini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd Diah.
Should Hisyam elect not to make any submissions on Wednesday and the prosecution not make any more submissions, then all eyes would be on the bench, on whether it would deliver the verdict or fix another day.
Since Friday, there has been a lot of drama with a threat made on Tengku Maimun and her family, and this is followed with a police arrest and the suspect remanded. Najib also held special prayers at the Kampung Baru mosque and also took a religious oath denying culpability of the offence.
Najib, who had been found guilty of abuse of power with regard to the RM4 billion loan from Retirement Fund Inc (KWAP) to SRC, and three counts each of criminal breach of trust and money laundering of RM42 million, is staring at 12 years in jail and a fine of RM210 million or in default another five more years in jail if he is unable to pay the fine.
If convicted and the sentence is upheld, not only will Najib lose the qualification to defend his Pekan seat but also rank as the highest ranking politician in the country to be convicted.