Tomorrow will be Najib's first time attending a criminal trial since he went to prison with the 1MDB trial involving 25 charges over RM2bn in missing funds still on
yesterday became the first former prime minister in Malaysia to be sent to prison after he failed in his final appeal against his guilty verdict over the misappropriation of RM42 million belonging to government-owned SRC International Sdn Bhd.
“Yes, he can file for review. Whether he will be successful is another thing as the threshold for review is very high. In the interim, he must serve sentence. There is no stay. He listed eight broad categories permitting a review, including where there was a coram failure; where the decision had been obtained by fraud or suppression of material evidence; and where there was a clear infringement of statutory law.
“Review does not operate as an appeal, and upon stay of execution of sentencing being denied, the convict will have to serve sentences, while awaiting the outcome of review applications,” he said. “The inherent power cannot be invoked to review its own decisions on its merit. Applicant must show that he suffered substantial or serious miscarriage of justice based on various grounds,” he said.
“He will be brought from prison and he has to follow prison protocol,” he said, adding that prison protocol would mean Najib “has to be handcuffed when he leaves prison”. Vivekananda said: “He may have to wear prison clothing, but from precedent, we have seen some instances where accused persons were allowed to change into their civilian clothing ”.
Salim, meanwhile, explained: “Any prisoners in remand or convicts will be transported by prison authorities to the courts upon receiving notice to produce. The attire of cell inmates very much depends on prison rules, but commonly, those who are attending court proceedings are allowed to wear civilian clothing.
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