PUTRAJAYA – The Federal Court has stood down to decide on whether it will allow Datuk Seri Najib Razak’s new lawyer, Hisyam Teh Poh Teik, to discharge himself from the SRC International Sdn Bhd final appeal, which is scheduled to proceed today.
In a desperate attempt, Hisyam again pleaded to the Federal Court to grant him an adjournment or he would have no choice but to discharge himself from the case, leaving his client unrepresented.
Chief Justice Tun Tengku Maimun Tuan Mat however refused his request, saying that the bench had already given its broad grounds on the issue last Tuesday and Hisyam should proceed with arguing the final appeal.
“We have already given our broad judgments to this matter.
“We have full confidence in your ability and you should proceed,” she said.
Tengku Maimun: “Do you accept that as the superior court, we have the inherent jurisdiction to ensure that we can function properly and fulfil our mandate to administer justice?”
Hisyam: “Yes.”
Tengku Maimun: “And that our inherent jurisdiction includes the authority to ensure that the machinery of the court functions in an orderly and effective manner, and that as counsel, you are the key actor in the administration of justice, and that the court has authority to exercise some control over counsel when necessary to protect his process – you accept that?”
Hisyam: “Yes, I accept that.”
Tengku Maimun: “So you still want to discharge yourself, leaving your client unrepresented? If you discharge yourself, you would leave your client unrepresented – you recognise that?”
Hisyam: “Yes, I recognise that.”
Tengku Maimun: “If a counsel wants to discharge themselves, they would have to file an application with an affidavit in support, giving reasons why they want to discharge. The court grants you an order, and until that order is granted and you still serve the other side of the party, you remain on record.
“The law is silent on criminal cases. But I’d expect that in criminal cases, the rules should be more stringent. Counsels should not just walk away, leaving their clients unrepresented.
“To our minds, you ought not to discharge yourself and that you should carry on. We are confident that you can manage this.”
Hisyam had earlier explained that he had made an error in judgement by taking the brief as he thought the apex could consider Najib’s earlier application to adduce new evidence in the trial and adjournment would be granted to give sufficient time for his team to prepare.
However, following the exchange between Tengku Maimun and Hisyam, the Federal Court then stood down to decide on Hisyam’s bid to discharge himself from acting for the former prime minister
The court then stood down, to resume after a break.
Prior to the start of the final appeal hearing, Najib had changed lawyers, replacing Tan Sri Mohd Shafee Abdullah and his law firm Shafee & Co with Hisyam of Messrs Hisyam Teh, and Datuk Zaid Ibrahim of Zaid Ibrahim Suflan TH Liew and Partners, effective July 25.
Liew Teik Huat and Rueben Mathiaravanam (of Messrs Zaid Ibrahim Suflan TH Liew & Partners) were also reported to be co-counsels.
Due to the eleventh-hour appointment, Hisyam had applied to the Federal Court for a postponement as his new team needed more time to prepare. This, however, was rejected by the court.
On August 10, Hisyam said during case management that he would discharge the defence team, leaving Najib to possibly lose his legal representation, if the court does not allow for further postponement.
However, on August 12, Zaid refuted that Hisyam would discharge the defence team if an adjournment was not granted and reaffirmed that they would not abandon Najib in this case.– The Vibes, August 18, 2022
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