PUTRAJAYA – Datuk Seri Najib Razak has lamented the string of rejections handed to him by the Federal Court in the last two days, saying he has effectively been left without means to present his defence in his SRC International Sdn Bhd corruption appeal.
Speaking to reporters outside the Federal Court, he said he was “extremely disappointed” with the apex court for rejecting the application by his counsel Hisyam Teh Poh Teik to discharge himself today after failing yet again in seeking an adjournment for the final appeal hearing.
Hisyam had maintained that the adjournment was necessary to ensure that his team, which took up the case on July 25, had enough time to prepare.
Najib said he has full confidence in Hisyam’s ability but was bewildered over the apex court’s decision not to allow an adjournment, saying the case involved complex financial transactions.
“Bearing in mind all these difficulties, Hisyam did ask for a reasonable time to be fully prepared for such a high-profile and very complex case, but again we were denied, and they had no choice but to offer themselves to be discharged. But even that was not allowed.
“I am now left, in reality, without a defence counsel, and I’m not able to present my defence…I believe I have a strong defence,” he said to the press after court had adjourned for the day.
Najib said that while his previous legal counsel, Tan Sri Shafee Abdullah and his law firm Shafee & Co, had done a “sterling job” of representing him in the case, he now required a “new perspective” for his appeal at the Federal Court.
The Court of Appeal had upheld his conviction while his bid to apply for a Queen’s Counsel, Jonathan Laidlaw, to represent him, had failed, the former prime minister said.
“It is totally unprecedented that in a criminal case, the defence is left without any counsel. This is a very serious matter and I hope the court will take into account and take remedial measures at some point in time,” the Pekan MP added.
“My rights, life, liberty, rights to a fair hearing are at stake,” said Najib.
Najib was flanked by his daughter Nooryana Najwa, and sons Nor Ashman and Mohd Nizar, at his press conference outside the court.
Hisyam reiterated during the press conference that his team would have to comb through tens of thousands of documents and will not be able to defend Najib effectively, as their application for adjournment was not granted.
“Under these circumstances, the team cannot effectively defend Datuk Seri (Najib). That is why this morning I made an application to discharge myself as lead counsel,” he said.
The hearing before the Federal Court resumes tomorrow.
Today’s five-member panel are led by Chief Justice Tun Tengku Maimun Tuan Mat, and comprises Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim as well as the Federal Court’s Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, and Datuk Mohamad Zabidin Mohd Diah.
Najib is appealing his conviction of misappropriating RM42 million belonging to SRC, handed down on July 28, 2020 by high court judge Datuk Mohd Nazlan Mohd Ghazali, who sentenced the former prime minister to 12 years in jail and a RM210 million fine.
The Court of Appeal upheld Najib’s conviction on December 8 last year.
Once the hearing for his final appeal concludes on August 26, the apex court is expected to make a decision a few months later.
If Najib’s conviction is upheld by the Federal Court, he will immediately have to serve his sentence. He would also have exhausted all legal means to appeal in this case.
The only recourse open to the former prime minister would then be to apply for a royal pardon after he has begun serving his sentence. – The Vibes, August 18, 2022