Shafee to return as lawyers apply to recuse CJ in Najib appeal

Najib Razak's lead counsel Hisyam Teh Poh Teik today informed the Federal Court that Muhammad Shafee Abdullah, the former prime minister's previous lead lawyer, has been appointed to assist him in the SRC International appeal. 

He said Shafee would be assisting him in Najib's application to recuse Chief Justice Tengku Maimun Tuan Mat from hearing the former leader's appeal.

"I thought he has been discharged," Tengku Maimun said before telling Hisyam to continue with his submissions while waiting for Shafee to arrive.

Upon his arrival at the courtroom, Shafee told the court that his position in requesting an adjournment was not an attempt to delay the proceedings. 

"I was just informed about the matter by Hisyam two hours ago and I have no materials before me.

"After all, the integrity of the judiciary is at risk. It brings no harm to grant an adjournment for me to gather my thoughts within 24 hours. Justice must be seen to be done," he said.

However, ad hoc prosecutor V Sithambaram objected to the adjournment, saying the application was an attempt to scuttle the appeal.

"This is not the first time. Even at the Court of Appeal, a day before the judgment on Dec 8 (last year), they (defence) filed an application to adduce new evidence. This is a serious offence. 

"I started the submissions last week and they refused to submit. This application is purely mala fide, thus I object to the adjournment," he said.

Tengku Maimun dismissed the application, saying there was no reason to adjourn the recusal matter, and asked Hisyam to proceed with his submissions.

Shafee asked: "Can I come back tomorrow?"

To this, Tengku Maimun said it was entirely up to the lawyer if he wanted to come back tomorrow.

"If we proceed today, everything will be concluded today. No reason for you to come back tomorrow. In fact, nobody needs to come back tomorrow," she said. 

Hisyam then continued with his submissions on the recusal application and at 12.42pm, the court stood down to deliberate Najib's application to recuse Tengku Maimun.

This comes about a month after Najib discharged Shafee and his law firm Messrs Shafee & Co from representing him in his final appeal against his conviction, jail sentence and fine for the misappropriation of RM42 million in funds from the former 1MDB unit.

Messrs Shafee & Co had represented Najib in his SRC International cases since the Pekan MP was charged on July 4, 2018.

It was replaced by Messrs Zaid Ibrahim Suflan TH Liew & Partners (ZIST), while Hisyam was appointed as lead counsel to replace Shafee. 

However, Najib laid off ZIST on Aug 19, a day after Hisyam sought to discharge himself from representing the former prime minister, saying he needed more time as he was unprepared to take on the case.  

The five-man bench led by Tengku Maimun unanimously denied his request, leaving him as Najib's counsel on record although he declined to present any submissions.