A seasoned legal eagle himself, Mohamed Hanipa Maidin has scrutinised the reasons behind Muhammad Shafee Abdullah not winning a “shred of cotton” in the case involving former premier Najib Abdul Razak.

Disagreeing with Shafee, who appeared to cast aspersions on judge Collin Lawrence Sequerah’s conduct, he argued that the root of the problem is the case.

“Najib’s lawyer lamented that he did not win a shred of cotton and that hearsay evidence was accepted wholesale.

“My reply is that you did not win a single point not because you are not good but perhaps because you have defended a weak case,” he said.

Speaking to Malaysiakini this evening, Hanipa also criticised Shafee for stating it was a “rare if not the only case” in which “hearsay evidence” was admitted.

Najib Abdul Razak’s lead defence counsel Muhammad Shafee Abdullah

“I think this statement, with the greatest respect, is totally uncalled for,” said the former deputy law minister.

“It should not have come from a senior lawyer like him. Worse, the judge is not in a position to defend himself against such a mischievous onslaught,” he added.

‘Even law students know there are exceptions’

Hanipa said Shafee’s client still has the right to defend himself, and if the verdict is unfavourable at the High Court, the latter could still seek redress in the Court of Appeal and, if unsuccessful, in the Federal Court.

“In addition to that, even a law student knows that though, as a general rule, any hearsay evidence is to be excluded and is considered inadmissible in court, it is trite law that there are always certain exceptions to any general rule, including a rule on hearsay evidence. This is too rudimentary. 

“The exemptions to the hearsay rule are prima facie clear, obvious, and glaring. In fact, the learned judge also cited the oft-quoted case of Subramaniam vs PP, which categorically underlined the basic rule allowing hearsay evidence to be duly accepted by the court,” he added.

Hammering the final nail, Hanipa, who has been a staunch critic of Najib over his role in the 1MDB scandal that made international headlines, claimed that the public might not share the same sentiment as Shafee’s client with regard to the judge’s ruling.

“His client may be profoundly disappointed with the court’s judgement. 

“But I believe if we ask the people on the street, except the ‘Bossku tribe’, most would be jubilant over the decision,” he added.

This morning, the court ordered Najib to enter his defence on four charges of power abuse and 21 charges of money laundering involving RM2.28 billion linked to 1MDB.

Following this, a nonplussed Shafee shared his disappointment with reporters.

“I am just so surprised that this is probably the only case I have ever had where, at this stage, I didn’t even win on a single point.

“Forget about the cloth, not even a shred of cotton I won in this particular holding,” he said.

A friend in need is a friend indeed

In a related development, Najib’s Facebook page published photographs of several political leaders and supporters at the court complex, including Umno veteran Tengku Razaleigh Hamzah and youth chief Dr Muhammad Akmal Salleh.

The post lamented that it is difficult to find true friends, especially those who would be present during times of hardship.

“Many show their faces during good times. Some have multiple faces. But this life is full of lessons. 

“Amid the bitterness, there was a drop of sweetness and appreciation. Thank you to all the friends who came to court.

“Not only political leaders or acquaintances but also scores of supporters and people who remember the contributions (during Najib’s tenure) and miss the old administration. These are true friends,” it added.

On Oct 24, Najib, who is serving a six-year prison sentence for his conviction in the SRC International case, apologised for the 1MDB scandal but maintained his innocence.

The 71-year-old former premier claimed that he was duped by fugitive financier Low Taek Jho, better known as Jho Low, as well as Petrosaudi executives Patrick Mahoney and Tarek Obaid.

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