Najib's representation 'supervised by Federal Court', lawyer says in ex-PM's review bid

The Federal Court was today told that Najib Razak's former counsel Hisyam Teh Poh Teik was "forced" to continue representing the former prime minister in his main SRC International appeal, despite the lawyer’s request to be discharged. 

Najib's lead counsel, Muhammad Shafee Abdullah, said Hisyam had informed the court on Aug 18, 2022 of his wish to discharge himself from the SRC International appeal on grounds that he did not have sufficient time to prepare.

On July 26 last year, Najib discharged with immediate effect Messrs Shafee & Co from representing him in his SRC International appeal, and appointed Hisyam, from Messrs Hisyam Teh, as his lead counsel and ZIST partners,  Liew Teck Huat and Rueben Mathiaravanam as co-counsels.

Hisyam sought to postpone the case for three to four months to give him time to prepare, but his request was dismissed.

Following that, Shafee said Hisyam sought to discharge himself from representing Najib, adding that the court had also denied this request.

"It was a forced representation by an ineffective counsel who was not prepared. It was a representation by 'pretence', supervised by the Federal Court. 

"This right was an illusory right in this case," he added.

Shafee also said that the refusal to postpone the hearing left Hisyam "unduly shackled" as he hsad insufficient time to prepare.

"Najib’s personal liberty was very much at stake because he had a 12-year imprisonment sentence hanging over his head and an unprecedented colossal fine of RM210 million.

"The court also did not allow my client’s application for an adjournment of the main appeal hearing. In the case of some others, the court allowed 70 adjournments, but why couldn't my client get it once?

"Why the hurry? Was it because the 15th general election was around the corner? Not allowing an adjournment broke his fundamental rights," Shafee said at the hearing of Najib’s application for a review of the Federal Court ruling upholding his conviction, 12-year jail sentence and RM210 million fine for the misappropriation of RM42 million in SRC International funds.

Shafee was submitting before the Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, who chaired a five-member panel comprising Federal Court judges Vernon Ong Lam Kiat, Rhodzariah Bujang and Nordin Hassan, as well as Court of Appeal judge Abu Bakar Jais.

Shafee concluded that Najib was not given a fair trial during his final appeal last year.

Najib, in his review application, is seeking to overturn the decision made by a five-member bench of the Federal Court led by Chief Justice Tengku Maimun Tuan Mat on Aug 23 last year.

The hearing continues tomorrow.