PUTRAJAYA (Jan 7): The Federal Court heard on Friday (Jan 7) that the record of appeal is ready after the Court of Appeal's (COA) decision last month that dismissed former prime minister Datuk Seri Najib Razak's appeal in relation to his conviction and sentence for abuse of power, criminal breach of trust and money laundering involving SRC International Sdn Bhd funds.

However, Najib's appeal to adduce fresh evidence with regard to the case has yet to be completed.

This was disclosed during case management held on Friday before the apex court's deputy registrar Siti Hajar Mustaffa.

Subsequently, Siti Hajar informed the parties of another case management date on Jan 24.

Deputy Public Prosecutor Mohd Ashrof Adrin Kamarul and Najib's lawyer Muhammad Farhan Muhammad Shafee both confirmed this when contacted by theedgemarkets.com.

Ashrof noted that the COA is still preparing the record of appeal for the former premier to adduce fresh evidence.

He added that Najib's lead counsel Tan Sri Muhammad Shafee Abdullah may also seek an extension of time to view the record of appeal and file Najib's petition of appeal, with a view to either have both the appeal to adduce fresh evidence and the main appeal regarding Najib's conviction and sentence be heard together or separately.

Last Dec 8, the COA upheld the High Court’s decision that Najib was guilty of all seven charges levelled against him in relation to SRC funds.

This relates to abuse of power in relation to his role in approving the RM4 billion Kumpulan Wang Persaraan (Diperbadankan) (KWAP) loans to SRC, three counts of misappropriating or criminal breach of trust of RM42 million and another three money laundering charges involving the RM42 million of SRC funds.

In handing down its judgement then, the appellate court bench, chaired by Justice Datuk Abdul Karim Abdul Jalil, utilised some choice words.

The three-man appellate court bench — which also comprised Justices Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera — used the words “national embarrassment” to describe the financial and national scandal at SRC, a description that Najib and his lead counsel Tan Sri Muhammad Shafee Abdullah took umbrage at.

Shafee at a media conference following the court’s decision said that the remark could be expunged from the appellate court’s judgement during the course of Najib’s final appeal in the Federal Court.

On July 28, 2020, the High Court sentenced Najib to 12 years in jail and fined him RM210 million after the former premier was found guilty by Justice Datuk Mohd Nazlan Mohd Ghazali of all seven charges involving SRC.

Meanwhile, Najib’s second SRC trial — where the former premier is facing three money laundering charges involving RM27 million of SRC funds — has been fixed for further case management on May 31 before High Court Justice Mohamed Zaini Mazlan.

Justice Zaini presided over the case management on Friday morning, where Ashrof told the court that he had to ask for another case management date as the Federal Court was due to have case management of the earlier SRC case.

Prior to this, both the defence and prosecution had written to seek adjournment of the second SRC trial, pending Najib’s appeal in the first SRC trial being exhausted first.

The RM27 million money laundering charges against Najib were filed in February 2019 before the first RM42 million SRC trial started on April 3, 2019.

Initially, the prosecution in Najib’s SRC case wanted the three money laundering charges involving RM27 million to be tried together with the seven charges involving RM42 million, but the plan was changed due to a procedural issue.

Najib is alleged to have received the RM27 million at AmIslamic Bank Bhd’s Jalan Raja Chulan branch in Kuala Lumpur on July 8, 2014.