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By Mihar Dias (C) Copyright April 2023
It looks like Najib will stay behind bars as the apex court has rejected his final bid to overturn earlier ruling much to the disappointment of his supporters, some of whom were seen crying outside the court house after the verdict was delivered.
For Najib, disappointment must be more than just sorrow at this point in his life.
For the next 12 years, Najib will stay in jail and is not going home as promised to his supporters by UMNO leadership at an assembly soon after he went away to Kajang. Because the Apex Court has rejected his final bid to over turn Federal Court ruling which upheld his guilty verdict and 12-year prison sentence for his involvement in the SRC International Sdn Bhd corruption scandal.
In delivering the judgement, the court said “In this matter, with respect, we are constrained to say the applicant is the author of his own misfortune. We are of the view that the review application did no more than challenge the merit of the Federal Court’s decision. Accordingly, the review application is hereby dismissed.”
Overall, tally in court's decision against Najib's case from beginning to end is 13 to 1. If that doesn't convince anyone that he is guilty as charged, nothing ever will! UMNO ought to accept that it is not a politically motivated prosecution. Najib is indeed a criminal!
But will Najib who is described by the court as the 'author of his own misfortune' be willing to accept his fate and serve out his term in Kajang Prison for 12 years as sentenced?
Going by his legal counsel, it seems that he might try again although the public prosecutor says that this was the end of the course of action available to Najib in this particular case. Listening to Shafee, Najib's legal counsel in his post hearing media briefing, it may give the former PM and his supporters a glimmer of hope.
A group of women supporters whom a few speculated were "paid" volunteers would go home full of sorrow but may likely be looking forward to come back to the court house in the near future for BossKu yet again.
In the meantime, the lead counsel said during a press conference after the hearing, "As result of the minority judgment, there is avenue that is open. There are cases whose reviews are done not only once. As long as there are grounds for fresh review it can be done."
However, when pressed further if Najib would seek to file a new review bid, Muhammad Shafee declined to confirm.
While Shafee may give a glimmer of hope to Najib's supporters it would be a long way before that comes to light. Shafee himself has not commented as to the next course of action because he probably knows what Hafiz Hassan wrote in the Malay Mail, that "you cannot abuse Rule 137 of the Rules of the Federal Court 1995".
Hafiz quoted the case of Adorna Properties Sdn Bhd v Kobchai Sosothikul [2005] where review was done not once but twice. In that case, a second application to review under Rule 137 of the Rules of the Federal Court 1995 was made, but on a different ground from the first.
He also said, "If Najib were to mount another bid, it would be a review upon a review or a second review. It cannot be supported if the review were to be on the same ground as the first as there would be no end to litigation."
We may speculate that counsel for Najib must have made that off the cuff comments to show he is not giving up on his client and to console supporters that the fight is not over, offering them some form of comfort at a moment of disappointment which is more than just sorrow for them having to walk away empty handed and leaving their "boss" behind to languish in prison for a dozen years to come.
But for us it is indeed satisfying to see that the law is just, that crime does not pay and that the one who flaunts it deserves the punishment and ought to be locked up in prison.
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