Ad hoc prosecutor V Sithambaram said a total of 44 sets of written submissions were filed in the High Court and Court of Appeal between 2020 and 2021, addressing all the ingredients of the defence’s case, including the issues it had raised to dispute the prosecution.
“They (defence) now come and complain that they were not heard (during the appeal hearing last August).
“Even the lawyer (Hisyam Teh Poh Teik) had then said they were relying on the 44 sets of submissions,” Sithambaram said.
He said this in response to the defence’s argument that the previous Federal Court panel had only heard submissions from the prosecution, and not from Najib’s lawyers who had said they were not filing any submissions.
He added: “It was the counsel (Hisyam) who refused to submit. Now they’re using that as grounds entitling the accused (Najib) to a rehearing and contend that there has been a breach of natural justice.”
He noted that precedent had been set by the courts to refer to written submissions that had been filed in making their decisions.
This prompted Chief Judge of Sabah and Sarawak Abdul Rahman Sebli to ask whether the previous panel had invited Hisyam to speak.
Sithambaram replied that the defence was invited to do so but that Hisyam had declined.
Sithambaram also told the court that a 2018 Facebook post by Chief Justice Tengku Maimun Tuan Mat’s husband Zamani Ibrahim – which Najib used as the basis for his bid to recuse her from the panel – was a non-starter.
Zamani had made a Facebook post in 2018 voicing “negative sentiments” about Najib’s leadership after Barisan Nasional lost in the 14th general election.
“Relying solely on spousal relationship to say that (Zamani’s Facebook post) was also her view is absurd and insufficient to give rise to actual or apparent bias.
“That was his (Zamani) general comment about the (2018) election’s outcome, and the Facebook post does not show he had any animosity towards the accused,” Sithambaram added.
Also on the panel with Rahman were justices Vernon Ong, Rhodzariah Bujang, Nordin Hassan and Abu Bakar Jais.
On July 28, 2020, Najib was convicted by Justice Nazlan Ghazali, then a High Court judge, of abuse of power, money laundering and criminal breach of trust over SRC funds amounting to RM42 million.
His appeal to the Court of Appeal was dismissed on Dec 8, 2021.
He was sent to Kajang prison to begin his prison term in August 2022 following the Federal Court’s dismissal of his final appeal.
The former prime minister filed a motion to review the ruling last year on grounds that the court had breached the principle of natural justice, including his right to a fair trial and to counsel.
The hearing continues on Feb 27.