Malaysia

Malaysian Bar objects to Queen’s Counsel in Najib’s SRC appeal

Tan Sri Muhammad Shafee Abdullah more experienced, qualified in local law, says secretary

Updated 4 years ago · Published on 28 Jun 2022 10:24PM

Malaysian Bar objects to Queen’s Counsel in Najib’s SRC appeal
Malaysian Bar secretary B. Anand Raj says Jonathan Laidlaw (pic) has not demonstrated any familiarity with Malaysia’s evolving local statutes, practices, and procedures since it gained independence. – Sarawak Report Facebook pic, June 28, 2022

KUALA LUMPUR – The Malaysian Bar has objected to an application for Queen’s Counsel Jonathan Laidlaw to represent Datuk Seri Najib Razak in the latter’s final appeal involving the misappropriation of RM42 million belonging to SRC International Sdn Bhd.

Its secretary B. Anand Raj said in an affidavit filed yesterday that Najib’s current lawyer Tan Sri Muhammad Shafee Abdullah possessed more experience and qualifications than Laidlaw, and that there were over 20,000 other experienced lawyers in Malaysia for the former prime minister to choose from.

Anand said Shafee himself possessed extensive knowledge and vast experience as he had appeared and argued numerous cases involving criminal legal provisions and charges related to the Pekan MP’s appeal.

“Given the fact that Shafee and his legal team have been involved in the subject case and are familiar with the charges and the statutory provisions involved from inception, it is the considered view of the Malaysian Bar that Shafee himself possesses greater experience and qualifications in respect of the issues pending in the appeal, more so than the applicant (Laidlaw),” he said.

Anand pointed out that it was only in the early years after Malaysia attained independence from the UK in 1957, when there was a limited number of local lawyers, that there was some need for assistance from the QC and other foreign experts.

“Today, in 2022, 65 years post-independence, the Malaysian Bar has grown in strength, quantitatively and qualitatively. We have 21,659 advocates and solicitors in possession of valid annual and practicing certificates as of June 27, 2022.

“There are many advocates and solicitors with subject matter expertise and experience in criminal defence litigation up to the highest appellate tiers. A perusal of the applicant’s (Laidlaw) qualifications and experience as set out in the said affidavit (by Shafee) reveals that he is an eminent QC in the UK and has a varied and extensive experience in various jurisdictions. 

“He does not, however, have the special qualifications or experience in the Malaysian legal system, the Malaysian criminal system, and in other related jurisprudence required for the appeal,” he said.

He added that Laidlaw had not demonstrated any familiarity with Malaysia’s evolving local statutes, practices, and procedures since it gained independence.

The application for a QC will be heard at the high court here on July 6 before judge Ahmad Kamal Md Shahid.

On Jan 25, the legal firm Messrs Shafee & Co submitted a letter to the secretariat of chief justice Tun Tengku Maimun Tuan Mat on Najib’s intention to appoint a QC to assist him on complex issues and legal questions in the appeal of the SRC case in the Federal Court.

The Federal Court has set 10 days in August to hear Najib’s appeal against his conviction and jail sentence for misappropriation of the company’s funds.

On December 8, 2021, the Court of Appeal upheld the conviction and 12-year prison sentence as well as an RM210 million fine imposed against Najib for misappropriating RM42 million in SRC funds.

Justice Datuk Abdul Karim Abdul Jalil, who presided with fellow judges Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera, unanimously dismissed Najib’s appeal against the high court’s decision on July 28, 2020.

The Federal Court is Najib’s final avenue of appeal against his conviction and sentence. – Bernama, June 28, 2022

Related News

Malaysia / 2y

Najib’s 1MDB charge defective, lawyer tells court

Malaysia / 2y

AGC drops appeal against Shafee’s acquittal for money laundering

Malaysia / 2y

Shafee, IRB to settle RM9.41 million income tax suit

Malaysia / 2y

Najib applies for DNAA in RM27 million SRC case

3y

Najib received US$30 mil from Jho Low’s shell company in 2012: witness

Malaysia / 3y

SRC: Najib sends representation to withdraw RM27 mil money laundering charges

Spotlight

Malaysia

Man kidnapped, tortured, and killed following misunderstanding

Malaysia

'I will never forget taxi drivers who backed me in my hardest times' - PM Anwar

Malaysia

Najib fails to secure stay of 15-year jail term, RM11.38b fine in 1MDB case

Malaysia

Ivana Smit’s mother considers Federal Court appeal after RM1.1m award overturned

Education

Schools in Negeri Sembilan, Melaka to reopen tomorrow as haze conditions improve

Malaysia

Zara Qairina inquest: Investigating officer says final findings showed no suspicious circumstances

Malaysia

Man jailed 8½ years for abusing three-year-old boy, forcing the child to eat faeces

World

Pope Leo XIV diagnosed with lung cancer after successful surgery

Malaysia

More than 3,000 Myanmar refugees set for repatriation after Malaysia secures breakthrough

You may be interested

Malaysia

RM2,000 minimum wage: Firms with sales below RM50m exempt from 2027 hike

Malaysia

More than 3,000 Myanmar refugees set for repatriation after Malaysia secures breakthrough

Malaysia

Foreign spouses do not automatically qualify as Bumiputera, says Saifuddin

By Alfian Z.M. Tahir

Malaysia

Twenty-one stations record unhealthy air as Zahid expects wind shift to ease haze

Malaysia

Malaysia records 4,289 bullying cases, RM15m CCTV rollout to cover 1,000 schools in 2027

Malaysia

Najib fails to secure stay of 15-year jail term, RM11.38b fine in 1MDB case

Malaysia

LPT3 row puts Kelantan’s infrastructure priorities under scrutiny

Malaysia

NUTP urges faster school closure notices as haze disrupts plans