DATO' SRI MOHD NAJIB BIN HJ ABDUL RAZAK v Pendakwa Raya

05rj-11-09-2022w Federal Court (Mahkamah Persekutuan) 30 March 2023 • 05(RJ)-11-09/2022(W)

Catchwords

Federal Court – Inherent powers – Review – Power to review own decision –Rules of the Federal Court 1995, r. 137- whether the refusal to grant an adjournment of the main appeals was unjust - whether a miscarriage of justice would have been occasioned to the prosecution if the adjournment was granted- Application for discharge by counsel for accused person – Whether court could refuse application –Whether discharge would have left accused person unrepresented – Whether court possesses inherent jurisdiction to ensure fulfilment of mandate to administer justice– Whether court has supervisory jurisdiction and authority to exercise inherent and supervisory control over counsel- Whether decision in breach of rules of natural justice- Right to a fair trial -Refusal by counsel for defence to make submissions on merits of appeal –Whether refusal justified – Whether counsel given opportunity to submit by court- Whether conduct equivalent to ‘not appearing to support’ appeals – Criminal Procedure Code, s. 313(2)

Practice Areas

Criminal Procedure Administrative Law

Judges (5)

Abdul Rahman bin Sebli Delivered Abu Bakar bin Jais Coram Nordin bin Hassan Coram Rhodzariah binti Bujang Coram Vernon Ong Lam Kiat Coram

Parties (2)

Pendakwa Raya Respondent Dato' Sri Mohd Najib bin Hj Abdul Razak Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (05rj-11-09-2022w)