Apex court strikes out King's Counsel appeal to represent Najib

The Federal Court struck out an appeal by a King's Counsel (KC) from the United Kingdom to represent jailed former prime minister Najib Abdul Razak.

A three-person Federal Court bench chaired by judge Zabariah Mohd Yusof today unanimously allowed an application by four respondents to nullify the appeal by Jonathan Laidlaw to act for Najib in the RM42 million SRC International corruption case.

The four respondents are the Attorney-General's Chambers (AGC), the Malaysian Bar, the Kuala Lumpur Bar Committee, and the prosecution.

The bench ruled Laidlaw's bid to represent Najib in the SRC International case has been rendered academic, due to the Federal Court in August last year as well as March this year having upheld the former prime minister's conviction as well as 12-year jail sentence and RM210 million fine.

Zabariah pointed out that it is not in dispute that Najib's criminal appeal (in August last year) as well as review bid (in March this year) has been disposed of with finality.

"The KC's bid for admission was for the criminal proceedings of Najib in the SRC case, in the appeal, as well as the review. Laidlaw's appeal is academic now," she ruled on behalf of other bench members Nordin Hassan and Abu Bakar Jais.

She also made no order as to costs.

Lawyer Muhammad Shafee Abdullah acted for Laidlaw.

Senior federal counsel Shamsul Bolhassan and deputy public prosecutor V Sithambaram acted for the AGC and prosecution respectively.

Lawyers Bastian Pius Vendargon and Gurdial Singh Nijar appeared for the Malaysian Bar and Kuala Lumpur Bar Committee respectively.

On July 21 last year, the High Court (civil jurisdiction) in Kuala Lumpur denied an application by Laidlaw for temporary admission to the Bar so that he could represent Najib in the then-still ongoing SRC International case.

The British citizen had then appealed to the Federal Court (appeals involving admission to the Bar go straight to the Federal Court without going through the Court of Appeal).

Laidlaw’s expertise

On Oct 12 last year, while the review was still pending at the apex court, Shafee, Najib’s lead defence counsel, told the media that they still require Laidlaw’s expertise in fraud and corruption cases in the event Najib is allowed a retrial of the SRC case.

The former Pekan MP is currently serving his jail time at Kajang Prison.

In July 2020, the High Court (criminal jurisdiction) in Kuala Lumpur found Najib guilty of seven charges involving abuse of power, criminal breach of trust (CBT) and money laundering linked to RM42 million of SRC’s International funds.

He was then sentenced to 12 years' imprisonment as well as RM210 million fine in lieu of an additional five years in jail.

On Dec 8, 2021, the Court of Appeal upheld the conviction and sentencing. The Federal Court, on Aug 23, last year also maintained the guilty verdict and sentencing.

Najib’s failed review bid had targeted the Aug 23 Federal Court verdict. However, the apex court also dismissed the review in March this year.

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