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2025 MarsdenLR 5663

FEDERAL COURT (PUTRAJAYA)
ABDUL RAHMAN, CJ, VERNON ONG LAM KIAT, J, RHODZARIAH BUJANG, J, NORDIN HASSAN, J, ABU BAKAR JAIS, J
Dato’ Sri Mohd Najib bin Hj Abdul Razak – Appellant
Versus
Public Prosecutor – Respondent


Advocates:
Muhammad Shafee Abdullah (with Tania Scivetti, Sarah Abishegam, Muhammad Farhan Shafee, Wan Mohammad Arfan Wan Othman, Alaistair Brandah Norman, Genevieve Vanniashingham, Umi Nafesah Mohd Noor) (Shafee & Co) for the appellant.
V Sithambaram (with Donald Joseph Franklin, Sulaiman Kho Kheng Fuei, Mohd Ashrof Adrin Kamarul and Manjira Vasudeva) (Deputy Public Prosecutors, Attorney General’s Chambers) for the respondent.

Table of Content
1. conviction and sentence details (Para 1 , 2)
2. applicant's motions for review (Para 3 , 4)
3. inherent powers of the court (Para 5 , 6 , 7)
4. grounds for reviewing a decision (Para 10 , 11)
5. rights to a fair trial and legal representation (Para 12 , 13)
6. importance of a fair trial (Para 18 , 19)
7. counsel's refusal and its implications (Para 34 , 36 , 37 , 38)
8. allegations of strategy to delay proceedings (Para 43 , 45)
9. conclusion for acquittal based on miscarriage of justice (Para 114 , 115)

[1]The applicant was convicted and sentenced to a concurrent imprisonment term of 12 years and a fine of RM210 million in default another 5 years imprisonment by the Kuala Lumpur High Court on 28.7.2020 for 7 separate offences under the Malaysian Anti Corruption Commission Act 2009 , the Penal Code and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 .

[2]His convictions and sentence were affirmed by the Court of Appeal on 8.12.2021 and perfected by the Federal Court on 23.8.2022. Presently the applicant is serving his imprisonment term at the Kajang prison since 23.8.2022.

[3]By four Notices of Motion the applicant seeks a

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