[UPDATED] Three days left, don’t tell us not ready to submit, Hisyam told

PUTRAJAYA – Chief Justice Tun Tengku Maimun Tuan Mat appeared to have reprimanded Datuk Seri Najib Razak’s lead counsel after Hisyam Teh Poh Teik told the five-person bench that he has no oral submissions to make.

She repeatedly asked him if he has any submissions to make, and to this, he replied, “Not even on Tuesday.”

This prompted her to tell Hisyam that he has three days to prepare.

“Don’t tell us that you are not prepared to even submit on any of the 94 grounds in the petition of appeal.”

Earlier, the Federal Court denied Hisyam’s application to adjourn the final appeal hearings on Tuesday and Wednesday (August 23 and 24) as he had another hearing to attend on those dates.

However, this was rejected by Tengku Maimun, who chaired a five-member bench, reiterating that there will be no adjournment for this hearing.

“Well as we have stated many times there will be no adjournment of this appeal and Tuan Haji (Hisyam) you remain on record.”

Hisyam: “I have no submissions to make.”

Tengku Maimun: “Not even oral?”

Hisyam: “Not even oral.”

Tengku Maimun: “Even on Tuesday?”

Hisyam: “Even on Tuesday.”

Tengku Maimun: “Nevermind, we will come on Tuesday, (August 23) and we will deal with the matter.”

Hisyam: “I was wondering if I could be excused on Tuesday because I have another matter.”

Tengku Maimun: “I have already mentioned we have stated so many times… and you are on record.

“Well you have Saturday, Sunday, and Monday, that’s three days. Don’t tell us that you are not prepared to even submit on any of the 94 grounds in the petition of appeal.

“That could be quite taxing, isn’t it? So, it is alright if you are not ready to put in the submissions.”

Hisyam: “I will not make any submission.”

Tengku Maimun: “It’s alright, it is your liberty.” 

Prior to this exchange, prosecution concluded its submissions in front of the five-person bench, which included chief judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd Diah.

The court resumes Tuesday.

Before the start of the 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.

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.

Today, Najib discharged his solicitors from Zaid’s law firm in the final appeal hearing.

This latest twist means Najib is left with Hisyam and two other lawyers – Low Wei Loke and Kee Wei Lon – as co-counsels.

Hisyam is also the lead counsel for Datuk Seri Ahmad Zahid Hamidi in the Yayasan Akalbudi (YAB) corruption case, which is scheduled for hearing at the Kuala Lumpur High Court on August 23. Zahid is facing 47 charges – 12 on CBT, corruption (8) and money-laundering (27) – involving tens of millions of ringgit belonging to YAB.

On July 28, 2020, then high court judge Datuk Mohd Nazlan Mohd Ghazali, who is now a Court of Appeal judge, sentenced Najib to 10 years’ jail on each of the three counts of criminal breach of trust and each of the three counts of money laundering; and 12 years’ jail and a RM210 million fine, in default of five years’ jail, for abusing his position.

Last year, the Court of Appeal upheld the high court’s decision and dismissed Najib’s appeal to set aside his conviction and jail sentence, as well as the fine. – The Vibes, August 19, 2022