The former prime minister’s counsel Tan Sri Muhammad Shafee Abdullah stressed that trial judge Mohd Nazlan Mohd Ghazali adopted the civil law and common law concept of shadow director from England to convict his client.
Shafee submitted this before a three-member bench led by Justice Abdul Karim Abdul Jalil in the hearing of Najib’s appeal against his conviction and jail sentence for misappropriation of RM42mil in SRC International funds. “The appellant submits that the trial judge committed a grave error by relying on the common law and stretching the language of Section 402A of the Penal Code beyond the natural and ordinary meaning of the provision, ” he said, adding that this had caused serious prejudice and injustice to Najib.
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