KUALA LUMPUR, Jan 5 — Datuk Seri Najib Tun Razak today filed a petition before the United Nations Human Rights Council Working Group on Arbitrary Detention (UNWGAD) to ask for a release from prison or retrial of his SRC International Sdn Bhd case.
The former prime minister, through Messrs Shafee & Co, filed the petition at 1.30 pm at the office of the High Commission of Geneva via digital submission.
Lawyer Tan Sri Muhammad Shafee Abdullah told a press conference that his client filed the petition to ask for a release or a retrial following an appeal hearing at the Federal Court which he claimed had serious defects and was contrary to the rules of international justice.
“Najib is asking the UNWGAD panel of five experts on international justice to rule that the dismissal of his appeal by the Federal Court on Aug 23 last year was unjust, flawed and violated his basic human rights and the Federal Constitution.
“The five distinguished human rights judges will not be called upon to decide whether Najib is guilty but to determine whether his trial was fair and if not, may call upon the government to release him or provide him with a retrial.
“The Federal Court proceedings failed to accord him a reasonable opportunity to argue his case and denied his lawyers adequate time to prepare it. In fact, the court did not allow his defence team even to make submissions in the appeal against his sentence of 12 years’ imprisonment,” said the lawyer.
He further said that the final few days of the appeal in August amounted to a “rushed justice” when Najib’s lawyers were not allowed the time that was obviously needed to read the many tens of thousands of pages of the appeal papers or to come to grips with the 94 grounds of appeal that his previous lawyers had filed.
Muhammad Shafee said as the potential beneficiary of a ruling from UNWGAD, Najib expressed hope and confidence that the current government would follow the UNWGAD ruling upon the same being made available.
When asked whether Najib’s review application of his conviction, jail sentence and fine which was fixed on Jan 19 at the Federal Court will be postponed due to the last-minute petition, Muhammad Shafee said: “We are ready to go on with Jan 19.”
Najib is serving a 12-year jail term in Kajang Prison after he lost his final appeal in the Federal Court to set aside his conviction, jail sentence and a fine of RM210 million for misappropriating RM42 million of SRC International funds.