PUTRAJAYA: The Federal Court will today hear Datuk Seri Najib Razak's application to review his conviction and sentence in the SRC International Berhad case.
The former prime minister is seeking a review of the Federal Court's decision to reject his application to adduce fresh evidence relating to the then High Court judge Datuk Mohd Nazlan Mohd Ghazali.
He is also seeking a review of the court's decision to dismiss his bid to postpone his appeal hearing as well as the decision to recuse Chief Justice Tun Tengku Maimun Tuan Mat.
Najib is also seeking a review of the court's decision on Aug 23, last year, to affirm his conviction and sentence.
However, before a review can be heard, Najib will first have to gain leave from the Federal Court for the motion to have the review heard on its full merits.
A review can be heard under Rule 137 of the Federal Court Rules where the court could use its inherent jurisdiction to hear any application or to make any order as may be necessary to prevent injustice or to prevent an abuse of the court process.
The prosecution in their affidavit in reply described Najib's application as not having any merit and should be rejected.
Deputy public prosecutor Mohd Ashrof Adrin Kamarul said the defence - apart from acting with blind confidence, had also relied on mere speculation that their bid to adduce additional evidence at the apex court would succeed.
He said this miscalculated strategy that the federal court would adjourn the appeal hearings had blown up in their faces when the five member bench outrightly rejected their arguments.
Najib, 70, was found guilty of abuse of power in relation to a RM4 billion loan given by Retirement Fund (Inc) (KWAP) to SRC between August 2011 and March 2012.
He was also convicted of criminal breach of trust and money laundering involving RM42 million of SRC funds between Dec 26, 2014 and Feb 10, 2015.
For this, Najib was sentenced to 12 years' jail and fined RM210 million by the High Court, with the jail sentence and fine being upheld by the Court of Appeal on Dec 8, 2021, and further affirmed by the Federal Court on Aug 23 last year.