Wednesday, August 24, 2022

QC Laidlaw to challenge decision disallowing him from representing Najib




QC Laidlaw to challenge decision disallowing him from representing Najib


In July, the High Court ruled that UK lawyer Jonathan Laidlaw did not satisfy the requirements for ad hoc admission under the Legal Profession Act. (2HareCourt pic)


PETALING JAYA: UK lawyer Jonathan Laidlaw has gone to the Federal Court to appeal against last month’s High Court decision disallowing his application to represent Najib Razak in the just concluded SRC International appeal.

Laidlaw filed his notice of appeal yesterday through his solicitor, Messrs Shafee & Co.


Attorney-general Idrus Harun, the prosecution in the SRC case, the Malaysian Bar and the Kuala Lumpur Bar Committee, who opposed Laidlaw’s application, have been notified.

Lawyer Bastian Pius Vendargon. who represented the Malaysian Bar, confirmed the new development when contacted.

It is unclear why Laidlaw wants to appeal when a five-member Federal Court bench chaired by Chief Justice Tengku Maimun Tun Mat had already affirmed Najib’s conviction and sentence.

On July 28, 2020, the High Court convicted Najib on seven corruption charges and sentenced him to 12 years’ imprisonment and a fine of RM210 million.

On July 21, High Court judge Ahmad Kamal Md Shahid ruled that Laidlaw, who is also a Queen’s Counsel (QC), did not satisfy the requirements for ad hoc admission under the Legal Profession Act.

Kamal said Laidlaw did not possess special qualifications and experience that were unavailable among local lawyers.

The judge also said Malaysian lawyers were capable of handling cases involving charges under the Malaysian Anti-Corruption Commission (MACC) Act, the Penal Code and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla).


2 comments:

  1. This move shows 2 important points:

    1) Najib and his team is arrogant enough to encourage a foreigner to challenge Malaysia's independence.

    2) this arrogant foreign lawyer is also saying "only I have the expertise to represent Najib," This despite several bodies saying Malaysia has enough lawyers with the expertise to represent Najib.

    This Laidlow fellow must be taught to appreciate that he is here on an ad hoc admission (if approved) in Malaysia as a privilege and not a right.

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  2. Najib has no in-built "right" to demand that he be represented by a QC like Laidlaw. It is up to the court to assess the necessity.

    Malaysia cut its last formal ties to the UK Legal system via Privy Council appeals decades ago.
    Nowadays , a Malaysian who is a Law graduate from the UK has to take an additional exam - CLP to qualify to practice law in Malaysia.

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