Lawyer not allowed to discharge self from acting for Najib

EDITOR’S NOTE: Malaysiakini has amended an earlier version of this article which stated that Hisyam refused to submit (present his arguments) after his discharge bid was rejected. The amendment reflects that Hisyam told the court he would be relying on previous written submissions.

SRC Appeal | Najib Abdul Razak’s newly-appointed counsel Hisyam Teh Poh Teik was not allowed to discharge himself from representing the former prime minister in the RM42 million SRC International corruption appeal.

The five-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat unanimously dismissed the bid this morning.

When she asked the lawyer whether he would be relying on submissions previously filed for the SRC appeal when it was back at the Court of Appeal, Hisyam confirmed this.

The court then directed the prosecution to present their oral arguments against the appeal.

Earlier today, Hisyam (above) failed in his latest application for the Federal Court to adjourn the hearing of the appeal so that he could have more time to prepare for the case.

The former finance minister’s new counsel has tried a few times - including yesterday - to postpone the hearing of the main SRC appeal.

On July 26, Najib’s new lawyers took over from the previous legal team led by Muhammad Shafee Abdullah.

The other apex court bench members are Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, as well as senior judges P Nallini, Mary Lim Thiam Suan, and Mohamad Zabidin Mohd Diah.

Discretionary authority

In reading out the ruling, Tengku Maimun said the court has discretionary authority to allow or deny the lawyer’s discharge application depending on the power of the counsel to effectively conduct a case and to protect the right of the accused.

“Where a lawyer’s discharge threatens the right of the accused, the apex court may deny this (discharge application).

“We deny the application to discharge,” she said.

Deputy public prosecutor V Sithambaram then submitted for the apex court to uphold the conviction and sentencing against Najib.

Later, during proceedings this afternoon, Hisyam informed the apex court that the defence team will be filing fresh written submissions to defend Najib.

“Just now (before the lunch break) when My Lady asked whether I would be relying on submissions in the Court of Appeal, I answered yes.

“At this juncture, I would like to put on record that I wish to put in written submissions on behalf of the appellant,” the counsel said.

However, he did not indicate when specifically they would be filing the submissions.

On July 28, 2020, the Kuala Lumpur High Court found Najib guilty of one count of abuse of power, three counts of money laundering, and three money laundering charges.

Having meted out the sentence of 12 years in jail and an RM210 million fine, then trial judge Mohd Nazlan Mohd Ghazali however, allowed the defence’s bid to stay the execution of the sentence pending disposal of the appeal.

Nazlan has since been elevated to the Court of Appeal.

On Dec 8 last year, the appellate court upheld the lower court’s ruling and dismissed Najib’s appeal.

The appellant also used to be SRC’s adviser emeritus and chairperson of 1MDB’s board of advisers.

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