PUTRAJAYA – The Federal Court’s hearing for Datuk Seri Najib Razak’s review application to overturn his conviction and sentence in his SRC International Sdn Bhd case will resume from February 20 to 22, following extensive proceedings today.
Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli set the new dates after defence lawyer Tan Sri Shafee Abdullah argued that Najib’s former defence counsel, Hisyam Teh Poh Teik, was not accorded a fair means to present his case at the Federal Court previously.
Among other points raised, Shafee said Hisyam faced “double jeopardy” as the latter was not granted fair time to prepare for the past proceedings.
Shafee also argued that the Federal Court had even “invited” the prosecution to submit a reply to Hisham’s defence, although the senior lawyer had not presented his case previously.
“The heart and soul of law is logic. So, when the Federal Court invited the prosecution to reply, reply to what? He (Hisyam) has not spoken, he has not presented his case,’’ said Shafee.
Abdul Rahman chaired a five-person bench that includes Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang, Datuk Nordin Hassan, and Datuk Abu Bakar Jais.
Citing that the SRC International case was “one of the most complicated commercial crime cases” he has ever handled, Shafee said he needed adequate time to prepare despite being the lead lawyer for the case.
“For us, we live, breathe and sleep on SRC, having dealt with the case since the beginning. If given two months, perhaps I could prepare for the final appeal as I have done most of the cross-examinations as well.
“But Hisyam could not have done that at that time. The volumes of documents he had to go through, he needed adequate time to prepare,’’ said Shafee.
Similarly, Shafie also argued that Hisyam was not allowed to discharge himself after failing to provide a tenable defence for his client.
Najib’s lawyer also argued that Hisyam’s mere presence was simply “illusionary” as he was merely present physically, but was unprepared to argue the case, leaving Najib effectively defenceless.
Previously, during the Federal Court proceedings, Hisyam had attempted several times to discharge himself from the case. However, Chief Justice Tun Tengku Maimun Tuan Mat rejected Hisyam’s application.
Shafee also rubbished notions of a purported conspiracy to delay the trial between Najib’s former counsel and solicitors, Zaid Ibrahim Suflan TH Liew & Partners (ZIST) and Hisyam.
He also argued Najib should not be penalised if he was misled by his then lawyers or solicitors.
“I have stated before (about) my acrimonious relationship with ZIST, especially on how things were conducted throughout the proceedings.
“Regardless, the applicant (Najib) should not be penalised for the actions of his lawyers or solicitors then. If there is any wrongdoing in them taking the case at a late stage, then it should be the Bar (council) acting against them,’’ said Shafee.
Shafee further argued that Najib was “hoodwinked” into believing the arguments proposed by two Indian lawyers, which included another Singaporean lawyer who faced disciplinary issues in the city-state for practising without a licence.
The current panel line-up is different from the bench headed by Tengku Maimun, which upheld the former prime minister’s conviction and sentence in August last year. – The Vibes, January 19, 2023
