‘Startling’ that lawyers need court permission to discharge selves: Zaid

KUALA LUMPUR – The decision to represent former prime minister Datuk Seri Najib Razak in the SRC International appeal has provided now ex-counsel Datuk Zaid Ibrahim with much to reflect on regarding ongoing legal proceedings and personal connections. 

Penning his reflections in a statement today, the prominent lawyer said that he has learnt many things over the last few weeks. 

“I did not know that lawyers in criminal cases must get permission from the courts to discharge themselves, which I believe is a startling new legal proposition,” he said. 

“Neither did I appreciate that inflexibility and rigidity were essential ingredients of justice.

“I always thought the foremost ingredients of justice – which take precedence over administrative efficiency – were fairness, reasonableness, and compassion,” he lamented, noting that because of recent circumstances, he has also learnt who are his “real friends”. 

Mentioning his thanks to retired judge Datuk Mahadev Shanker, he brushed aside dissenting voices who had criticised him for his work in Najib’s case. 

“(No thanks) to those who besmirched my character because my work has sometimes involved taking up unpopular cases.” 

Previously, Najib and his two counsels had expressed disappointment over a string of rejections at the Federal Court here, with Zaid lashing out at the legal fraternity over its criticism of him taking over the case. 

Zaid, in a press conference outside the courtroom said: “I’m saddened that we’ve been castigated for taking up this case during the last minute.

“I wouldn’t have done so if I didn’t think it has a basis. 

“There is no respect for people like us. Old folks at the Bar, you can be so flippant… so cavalier about it.”

Earlier today, Najib discharged his solicitors from Zaid’s law firm – Zaid Ibrahim Suflan TH Liew and Partners – in the final appeal hearing. 

The twist means that Najib is left with lead counsel Hisyam Teh Poh Teik of Messrs Hisyam Teh and two other lawyers – Low Wei Loke and Kee Wei Lon – as co-counsels. 

Subsequently, Zaid said in his statement today that Najib’s decision to discharge his firm as solicitors has his “full support and agreement” .

“We recognise and accept that (Najib) is at a critical point in the legal timeline of his SRC case, and with his personal liberty at stake, we graciously accept his decision to discharge us,” he said.

He added that based on his understanding, the decision was prompted by Najib’s belief that the lawyers cannot serve any useful purpose in the ongoing appeal. 

Zaid also said that Najib believes the “prevailing assumption” of the judges is that the reorganisation of his legal team last month “was part of a tactical ploy as a ruse to stall proceedings” to delay his final judgement. 

“I regret that despite the best efforts of lead counsel (Teh) and the lawyers in myteam from both Kuala Lumpur and Singapore, we have not been able to dispel this sad misconception,” he said. 

He stressed that his decision to accept the brief to represent Najib was centred on how Najib’s case called for a new approach and fresh perspectives while also abandoning “unnecessary vitriol” and “personal attacks” on judge Datuk Mohd Nazlan Mohd Ghazali who had presided over the case’s trial. 

Instead, he said that his firm was intent on focusing purely on the legal and factual issues in the case while concentrating on bias and conflict of interests matters. 

“We believe, from an objective analysis of the facts of the case, that the evidence was overwhelmingly in (Najib’s) favour,” he asserted, adding that he had consulted his Singaporean friend and colleague Niru Pillai of Niru & Co LLC to ensure the application to adduce fresh evidence was solidly put together. 

Zaid said that Niru had then put together a team, which included two established Indian senior advocates Sidharth Luthra and Kavin Gulati, while Rony John and Avi Tandon were brought on to assist the group. 

“We believed that the application was well-founded and very compelling. Unfortunately, the court in its wisdom did not think so. The application was not allowed,” he said.

He also bemoaned how even Najib’s request for a short adjournment to enable the legal team to properly set up the case and for counsel to adequately prepare submissions and arguments for “what is clearly an extremely complex and high-profile case” had been denied outright. 

“It is beyond belief that the highest court in the land would deny (Najib) the right to adduce relevant material and necessary evidence to ensure that the truth is established and justice is done,” he said. 

“It is clear to us that the setback which (Najib) has suffered is a grave injustice arising from a manifest error of law and certainly derailed all efforts to pursue his constitutional rights.” 

Zaid emphasised that while his firm would never abandon Najib as its client, the pressing nature of current circumstances call for the firm to be mindful of its clients’ needs. 

“The client’s interest is paramount. I wish (Najib) the very best. I will always be there to help him in any situation, as a lawyer and a friend,” he said, vowing to remain unshaken by detractors in his fight to uphold justice. 

“The law has been my passion and helping others has been my calling. I intend to keep calm and carry on.” – The Vibes, August 19, 2022