PUTRAJAYA: Najib Razak’s former legal team did not deliberately refuse to participate in his final appeal from conviction and sentence in the SRC International corruption case, but simply needed more time to prepare for it, the Federal Court heard today.
Lead counsel Shafee Abdullah said the former prime minister’s legal team at the time, headed by senior lawyer Hisyam Teh Poh Teik, had merely asked to be given additional time of three to four months to prepare themselves for the case.
Hisyam was appointed to lead Najib’s legal team in July last year – less than one month before the Federal Court was scheduled to hear the former prime minister’s appeal.
“The judgment (handed down by the Federal Court) made it seem like the accused (Najib) and his lawyer were rather recalcitrant,” Shafee said, in response to a question by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.
Rahman had asked Shafee about a passage in Chief Justice Tengku Maimun Tuan Mat’s judgment which said Hisyam had “persistently refused to make any submission” despite being requested to do so several times.
During the appeal last year, Hisyam’s request to postpone the hearing was refused by the panel of judges.
He then sought a discharge, but his request was refused and he was ordered to continue representing Najib until the conclusion of the hearing.
On July 28, 2020, Najib was convicted by Justice Nazlan Ghazali, then a High Court judge, of abuse of power, money laundering and criminal breach of trust charges over SRC funds amounting to RM42 million. The Court of Appeal affirmed the ruling in December 2021.
He was sent to Kajang prison to begin his prison term immediately following the Federal Court’s dismissal of his final appeal.
The former prime minister filed a motion to review the ruling last year on grounds that the apex court hearing had breached the principles of natural justice, including his right to fair trial and to counsel.
CJ wrong to hear own recusal bid, says Shafee
Shafee also argued that Tengku Maimun ought not to have heard Najib’s bid to recuse her from hearing the SRC appeal last year.
The recusal bid was turned down and the Federal Court subsequently proceeded to deliver its decision on Najib’s appeal.
He said Tengku Maimun’s husband, lawyer Zamani Ibrahim, had made a Facebook post in 2018 voicing “negative sentiments” towards Najib’s leadership, after Barisan Nasional lost in the 14th general election.
“As husband and wife, they may share the same sentiment,” said Shafee.
“She was in conflict by virtue of her husband’s position. It doesn’t matter if (the post) was made (more than) three years ago”.
Shafee also submitted that the appeal panel did not consider any of the 94 grounds raised in the defence’s petition of appeal.
He said that Hisyam had taken the case less than one month prior to the hearing and was not in a position to argue the appeal on its merits as he had not read the voluminous appeal records.
Told by Rahman that the defence had been given an opportunity to make their submissions, Shafee said Najib’s counsel was unable to do so as the team was not prepared to argue the case.
Tomorrow, the hearing continues with ad hoc prosecutor V Sithambaram scheduled to reply on behalf of the prosecution.
Also on the panel with Rahman were Justices Vernon Ong, Rhodzariah Bujang, Nordin Hassan and Abu Bakar Jais.