A five-member bench is expected to hear the application, made under Rule 137 of the Federal Court Rules 1995, to first determine whether it is a fit and proper case for a review.
Lawyer Guok Ngek Seong said applications for a review of convictions and sentences rarely succeed.
“A successful review only happens in the rarest of cases,” said Guok, who has argued several such applications.
He said that while review applications have been allowed in both civil and criminal cases, the threshold which the applicant must cross in order to convince the judges is extremely high.
“The court is careful when it comes to allowing a review or else there will be no finality in litigation,” he said.
Guok said Rule 137 allows for such reviews where it can be shown that there has been a breach of natural justice or an abuse of process.
He said a Federal Court judgment in a review case last year also reminded judges that while the public interest in finality of litigation is of critical importance, the prevention of injustice must not take a backseat.
According to Guok, the apex court in that case said it would not be open for a court to fold its arms and say to a litigant: “It is most unfortunate for you but we will do better the next time.”
Najib, 69, filed the review in September after the apex court affirmed his conviction for abuse of power, criminal breach of trust and money laundering in the SRC case.
On Aug 23, a five-member bench chaired by Chief Justice Tengku Maimun Tuan Mat also maintained the former prime minister’s 12-year jail term and fine of RM210 million or, in default, an additional five years in prison.
Najib is asking for that decision to be set aside and for another Federal Court bench consisting of at least seven judges to rehear his appeal.
On Aug 16, before the hearing of the appeal proper, Najib saw a motion for leave to introduce additional evidence and disqualify trial judge Nazlan Ghazali thrown out by the bench.
The court then refused his request for an adjournment to enable his new team of lawyers to prepare and argue the merits of his appeal.
Najib’s other complaint that Tengku Maimun ought not to have presided over the appeal on the grounds of purported bias was dismissed on Aug 23.
The prosecution claimed that Najib was given a fair hearing and that there had been no prejudgment of the merits of his final appeal by the Federal Court.
Shafee Abdullah will appear for Najib while ad hoc prosecutor V Sithambaram will represent the prosecution.