PUTRAJAYA – The defence team for Datuk Seri Najib Razak’s review application to overturn his conviction and sentence in his SRC International Sdn Bhd trial once again argued that he was not accorded a fair trial as his legal representation then was not granted an adjournment to present the case effectively.
Defence lawyer Tan Sri Shafee Abdullah said that Najib’s former defence counsel Hisyam Teh Poh Teik’s representation in the case was merely “decorative” and “illusionary”.
This is because Hisyam has repeatedly stressed to the previous Federal Court panel that he was not prepared to argue the case and had applied for an adjournment of “three to four” months but was denied at every turn, said Shafee.
Shafee also argued that Hisyam was then “forced” to proceed with the case after his request to recuse himself from the case was denied.
These factors, argued Shafee, showed that Najib was not given a fair trial and is thus justified to pursue a judicial review of his SRC conviction.
“Hisyam’s representation was decorative at best, illusionary and that is not sanctioned by law and that is reviewable because that goes against the very root of fair trial,’’ said Shafee.
Shafee again reiterated that Hisyam had “misjudged” the situation after being denied an adjournment but pointed out that his client, Najib, should not be penalised for the actions of his lawyers.
In today’s proceedings, Shafee again questioned why the previous panel was in a “hurry” to hear the case, stating that the aforementioned factors were “created by the court, not by my client (Najib).”
Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli chairs the five-person panel, which includes Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang, Datuk Nordin Hassan, and Datuk Abu Bakar Jais.
The current panel’s line-up is different from the bench headed by Tun Tengku Maimun Tuan Mat, which upheld the former prime minister’s conviction and sentence in August last year.
The hearing for the review will resume tomorrow. – The Vibes, February 20, 2023
