Najib’s newest counsel seeks to discharge himself if Federal Court won’t postpone hearing last SRC International appeal
Lawyer Hisyam Teh Poh Teik arrives at the Palace of Justice in Putrajaya August 15, 2022. — Picture by Yusof Mat Isa
Thursday, 18 Aug 2022 10:35 AM MYT
PUTRAJAYA, Aug 18 — Lawyer Hisyam Teh Poh Teik today applied to the Federal Court to discharge himself from representing Datuk Seri Najib Razak as lead counsel in the former prime minister's final appeal against his conviction of misappropriating funds from SRC International Sdn Bhd if the defence's request for adjournment is not granted.
At the start of proceedings today, Hisyam apologised to the five-judge panel in the Federal Court and emphasised the need for sufficient time for the defence to prepare its arguments in relation to the scope and appeal of the present case.
This follows an earlier verdict by the same court in dismissing a request by Najib's defence to grant an adjournment and delay the hearing by another “three to four months”, which Hisyam said the lawyers needed to prepare their case after being appointed at the eleventh hour.
The same five-judge panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, delivered the unanimous ruling on Tuesday.
In reply, Tengku Maimun reiterated the court will not be reviewing its decision on refusing adjournment and that nothing has changed since.
“We reiterated those grounds by refusing this request and you are saying you want to disqualify yourself?” Tengku Maimun asked Hisyam.
She further asked if he agreed that the Federal Court as the superior court has inherent jurisdiction to ensure it could function properly, and that includes making sure the judicial process works in an orderly and effective manner.
Tengku Maimun: And as counsel you are a key actor in the administration of justice and the court has authority to exercise some control when necessary to protect its process. Do you accept that?
Hisyam: I accept, yes.
Tengku Maimun: But do you still want to discharge yourself and leave your client unrepresented?
Hisyam: Yes.
Tengku Maimun reminded Hisyam that as counsel, he still needs the court’s permission to discharge himself and should not just walk away and leave his client unrepresented, after agreeing to the appointment.
“So to our minds you ought not discharge yourself but you should carry on. We are confident you can manage,” she said.
The court later is standing down now for a short recess.
Najib was previously represented by Tan Sri Muhammad Shafee Abdullah from the law firm Shafee & Co in both the High Court and Court of Appeal; but the latter was abruptly discharged last month.
On July 26, law firm Zaid Ibrahim Suflan TH Liew & Partners notified the apex court of its appointment as solicitors and that of Hisyam as lead counsel.
The Court of Appeal had on December 8, 2021 upheld the High Court’s July 2020 verdict and sentence of 12 years in prison and a fine of RM210 million meted against Najib.
Najib had been found guilty of one count of abuse of power, three counts of criminal breach of trust, and three counts of money laundering.
Hearing in the country’s supreme court has been scheduled to take place over nine days, starting August 15 till August 19 and will resume after this weekend on August 23 until August 26.
MORE TO COME
Thursday, 18 Aug 2022 10:35 AM MYT
PUTRAJAYA, Aug 18 — Lawyer Hisyam Teh Poh Teik today applied to the Federal Court to discharge himself from representing Datuk Seri Najib Razak as lead counsel in the former prime minister's final appeal against his conviction of misappropriating funds from SRC International Sdn Bhd if the defence's request for adjournment is not granted.
At the start of proceedings today, Hisyam apologised to the five-judge panel in the Federal Court and emphasised the need for sufficient time for the defence to prepare its arguments in relation to the scope and appeal of the present case.
This follows an earlier verdict by the same court in dismissing a request by Najib's defence to grant an adjournment and delay the hearing by another “three to four months”, which Hisyam said the lawyers needed to prepare their case after being appointed at the eleventh hour.
The same five-judge panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, delivered the unanimous ruling on Tuesday.
In reply, Tengku Maimun reiterated the court will not be reviewing its decision on refusing adjournment and that nothing has changed since.
“We reiterated those grounds by refusing this request and you are saying you want to disqualify yourself?” Tengku Maimun asked Hisyam.
She further asked if he agreed that the Federal Court as the superior court has inherent jurisdiction to ensure it could function properly, and that includes making sure the judicial process works in an orderly and effective manner.
Tengku Maimun: And as counsel you are a key actor in the administration of justice and the court has authority to exercise some control when necessary to protect its process. Do you accept that?
Hisyam: I accept, yes.
Tengku Maimun: But do you still want to discharge yourself and leave your client unrepresented?
Hisyam: Yes.
Tengku Maimun reminded Hisyam that as counsel, he still needs the court’s permission to discharge himself and should not just walk away and leave his client unrepresented, after agreeing to the appointment.
“So to our minds you ought not discharge yourself but you should carry on. We are confident you can manage,” she said.
The court later is standing down now for a short recess.
Najib was previously represented by Tan Sri Muhammad Shafee Abdullah from the law firm Shafee & Co in both the High Court and Court of Appeal; but the latter was abruptly discharged last month.
On July 26, law firm Zaid Ibrahim Suflan TH Liew & Partners notified the apex court of its appointment as solicitors and that of Hisyam as lead counsel.
The Court of Appeal had on December 8, 2021 upheld the High Court’s July 2020 verdict and sentence of 12 years in prison and a fine of RM210 million meted against Najib.
Najib had been found guilty of one count of abuse of power, three counts of criminal breach of trust, and three counts of money laundering.
Hearing in the country’s supreme court has been scheduled to take place over nine days, starting August 15 till August 19 and will resume after this weekend on August 23 until August 26.
MORE TO COME
The Federal Court should refer Hisyam to the Bar Council Disciplinary Committee, for unethical dealing with the Court, attempted blackmail and manipulation of the Federal Court process.
ReplyDeleteTaking on the client brief, with clear knowledge of the Court case calendar , and now discharging himself since he could not get the requested postponement.
You ingat ini Pasar Malam ka ?
Looks like a delay strategy by Najib.
ReplyDeleteFirst, by discharging Shaffee and team.
Now, the new counsel is seeking to discharge himself if no extension of three to four months is given for the defence team to prepare.
If this is not a threat, I don't know what is. Hopefully the Federal Court will hold firm.
Najib cannot play the victim because when he discharged Shaffee, he should know the repercussions.
Again, the question is, "should not the new defence team only take up the cudgel if it is ready and confident to fight the case for Najib knowing the time constraints?"