[UPDATED] Federal Court unanimously rejects Najib’s bid to postpone hearing

PUTRAJAYA – The Federal Court unanimously rejected Datuk Seri Najib Razak’s appeal to postpone his hearing despite two applications by his new defence team.

In reading her judgement, Chief Justice Tun Tengku Maimun Tuan Mat said the judges are not willing to grant the adjournment as the new defence team is not entitled as they are well aware of the trial dates before taking on the case.

“In fact, the appellant (Najib), having been well aware of the dates fixed for hearing, elected to discharge his former solicitors and appoint Messrs Zaid Ibrahim and Tuan Haji Hisyam Teh as his solicitors and counsel, respectively. 

“This is his right to do so, but he cannot, after having made that decision, turn around and say that his new lawyers are not ready to proceed with the hearing of the appeals. 

“The new lawyers, too, having accepted the brief, are not entitled to say they need more time to prepare, knowing fully well that the dates had been fixed well in advance.

“Given the circumstances we have outlined, the request for the adjournment and the grounds in support thereof are neither cogent nor reasonable.”

She added that the case had gone through multiple adjournments and should not be delayed any longer.

“The stark reality is that considerable public funds would be wasted if granting an adjournment in a case of this kind was an easier option.

“Article 8 of the federal constitution and the rule of law demand that the appellant be treated just like any other accused. 

“As such, we state again that while the appellant is entitled to his right to change his counsel, he is not entitled to make this choice at the expense of the court, the prosecution or the entire justice system.

“While on this subject, another very significant component of the right to a fair trial is that justice cannot be unduly delayed.”

Najib’s lead counsel Hisyam Teh Poh Teik today appealed to the bench for a “three to four” months’ postponement for his team to adequately prepare to argue their case. 

The court also decided to rest tomorrow and Najib’s final appeal will begin in earnest on Thursday at 9.30am.

Earlier, Hisyam told the court that he would be at a disadvantage if the case was to proceed as scheduled, as he had to go over case facts involving thousands of documents and witness testimonies.

He added that it was not his usual practice to ask for any adjournment or postponement unless it was absolutely necessary.

“We need sufficient time to prepare, as I was told there were some 179 volumes (of documents) in this case. I come before My Lords to ask for at least another three to four months.”

In reply, ad hoc deputy public prosecutor Datuk V. Sithambaram said he will leave the matter to the court to decide.

“The court in this appeal is fully conversant with the facts and circumstances of this case.

“My learned friend has in the previous two case management been duly informed that this case will proceed on the aforementioned dates,” he said, referring to trial dates scheduled from August 15 to 26.

Other members of the bench are Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and the Federal Court’s Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, and Datuk Mohamad Zabidin Mohd Diah.

On July 29, it was reported that the Federal Court rejected the defence’s appeal to postpone a week following Hisyam’s appointment as lead counsel.

Previously, Najib was represented by Tan Sri Muhammad Shafee Abdullah.

Shafee’s firm was replaced by Zaid Ibrahim Suflan TH Liew and Partners, effective July 25.

Hisyam is assisted by Liew Teik Huat and Rueben Mathiaravanam (of Messrs Zaid Ibrahim Suflan TH Liew & Partners) to be co-counsels.

The change of the lawyers came after the high court here rejected United Kingdom lawyer and Queen’s Counsel Jonathan Laidlaw’s bid to be admitted before the courts for the final appeal, scheduled to be heard in the Federal Court for 10 days from August 15.

The Court of Appeal last year upheld the conviction and 12-year prison sentence as well as an RM210 million fine imposed against Najib for misappropriating RM42 million in funds from SRC, a former 1Malaysia Development Bhd subsidiary. – The Vibes, August 16, 2022