LettersMalaysian top court’s decision not to delay Najib’s appeal hearing a win for the justice system

Rejecting both of the former prime minister’s applications, first for a retrial then for a delay in the appeal hearing, was a sound decision by the justices that will strengthen public confidence in the courts

2-MIN READ2-MIN

Former Malaysian prime minister Najib Razak (centre) speaks during a press conference at the Federal Court in Putrajaya, Malaysia, on August 16. Malaysia’s Federal Court has dismissed Najib’s application to introduce new evidence in his final appeal that would spark a retrial. Photo: EPA-EFE

Published: 12:15am, 19 Aug 2022Updated: 2:48am, 19 Aug 2022

Feel strongly about these letters, or any other aspects of the news? Share your views by emailing us your Letter to the Editor at [email protected] or filling in this Google form. Submissions should not exceed 400 words, and must include your full name and address, plus a phone number for verification.

Former Malaysian prime minister Najib Razak expressed his shock and disappointment on Tuesday after his two applications to Malaysia’s highest court were both dismissed (“Malaysia 1MDB case: Najib ‘bitterly disappointed’ after court rejects last-ditch bid for retrial”, August 16).

The Federal Court first dismissed Najib’s application by way of a motion to adduce additional evidence in his final appeal against his conviction of misappropriating funds from SRC International.

The panel of five judges led by Chief Justice Tengku Maimun Tuan Mat ruled that Najib’s application lacked merit as the evidence his defence team claimed to be fresh had no relevance to the former prime minister’s knowledge of the 42 million ringgit (US$9.4 million) he received, which is the main issue in the SRC International case.

When Najib’s legal team applied to postpone the hearing of his appeal following the dismissal, the Federal Court again unanimously dismissed the application.

Both decisions are sound. On the first decision, it is settled law that new or additional evidence is generally not allowed on appeal. An appeal must be decided on the evidence which was before the trial court.