The public prosecutor has filed an application for leave to intervene in an appeal by UK-based King's Counsel Jonathan Laidlaw, who wants to be admitted as an advocate and solicitor to represent Najib Razak in his SRC International criminal case.
In the notice of motion filed yesterday, the public prosecutor also sought to strike out Laidlaw's appeal on grounds that the appeal was academic, an abuse of process and unsustainable.
The application was supported by an affidavit filed by deputy public prosecutor Mohd Ashrof Adrin Kamarul.
The public prosecutor, who was not named as a respondent in the King's Counsel's appeal, wants to be included as a fourth respondent.
The public prosecutor said it was a party in the proceedings at the High Court but was unilaterally dropped as a party in the appeal. The other respondents in the proceedings were the attorney-general, the Malaysian Bar and the Kuala Lumpur Bar Committee.
The public prosecutor also said that Laidlaw's appeal was incompetent as the notice of appeal was served out of time.
Laidlaw filed an appeal to the Federal Court after the High Court rejected his application to be admitted as an advocate and solicitor on July 21 this year.
Laidlaw had, in May this year, filed a notice of originating motion through Messrs Shafee & Co at the High Court for his admission as a lawyer in Malaysia to represent Najib in his appeal at the Federal Court.
On Oct 12, Muhammad Shafee Abdullah, who is representing Najib, said Laidlaw would represent the former prime minister in the re-hearing of his appeal if his review application was allowed by the Federal Court.
Najib is serving a 12-year jail sentence at Kajang Prison after losing his appeal in the Federal Court to set aside his conviction on seven charges of criminal breach of trust, money laundering and abuse of position involving RM42 million in SRC International funds.
In 2020, the High Court sentenced Najib to 12 years in jail and fined him RM210 million. His appeal against his conviction and sentence was dismissed by the Court of Appeal last year.
Najib's review application has been fixed for hearing in the Federal Court over three days beginning Jan 19, next year.
The Malaysian Bar has also filed an application to strike out Laidlaw's appeal, saying it is academic as the Federal Court already decided on Najib's appeal on Aug 23.
In the notice of motion filed yesterday, the Bar Council said the appeal was frivolous, vexatious and an abuse of the court process.