DATUK Seri Najib Razak’s former lawyer, Tan Sri Muhammad Shafee Abdullah, has returned to assist the former prime minister’s legal team in his final appeal in the SRC International RM42 mil corruption case.
Earlier today, Najib’s lead counsel, Hisyam Teh Poh Teik, said Shafee, who was discharged from acting for Najib in the case barely a month ago, was on the way to help with the defence’s recusal application against the chief justice.
Najib wants Tun Tengku Maimun Tuan Mat recused over a 14th General Election (GE14) related Facebook posting, purportedly by her husband, Datuk Zamani Ibrahim, that is seen as “anti-Najib”.
The Pekan MP contends that there is a risk of bias on Tengku Maimun’s part as a result, claiming that being Zamani’s wife, it is likely he would have influenced her thinking as to his (Najib’s) alleged culpability.
According to media reports and journalists on the ground, Hisyam asked the five-member Federal Court bench for a short adjournment so that Shafee could make it on time, but Tengku Maimun rejected this.
“I thought he has been discharged,” the chief justice noted, according to a Twitter thread by journalist Hadi Azmi with live updates on the hearing.
She then ordered Hisyam to begin oral submissions on his recusal application against her, saying that Shafee could join in when he arrives.
“Need more time”
When Shafee eventually turned up in court, he applied to adjourn the hearing to tomorrow morning, saying he needs time to mount proper oral submissions on Najib’s recusal bid against Tengku Maimun.
He said he came from another event and did not have any court documents with him, and that he has to be in Parliament in the afternoon to attend a symposium.
“Even my suit is not the right suit,” he said, according to Hadi.
Shafee added that he removed himself from representing Najib because he was unhappy with the legal team from Zaid Ibrahim Suflan TH Liew & Partners, who took over from Shafee’s firm as Najib’s lawyers in the SRC International case.
However, deputy public prosecutor Datuk V Sithambaram objected to the postponement application, saying the defence was acting in “bad faith” and intended to delay the case.
To this, Shafee reiterated Hisyam’s earlier position that the defence is not attempting to delay the apex court’s proceedings, Malaysiakini reported.
Tengku Maimun then ruled that there would no adjournment and that the hearing would proceed today as scheduled.
Shafee said he heard her “loud and clear” but if the case continues tomorrow, he will be in court first thing in the morning – to which Tengku Maimun simply remarked, “That’s entirely up to you.”
She added that if the court concludes its business today, there is no reason for Shafee to come tomorrow.
Shafee left soon after, leaving Hisyam to argue the recusal bid on his own as before.
Background
In July 2020, the High Court found Najib guilty of seven charges of power abuse, criminal breach of trust and money laundering in the SRC International corruption case. He was also fined RM210 mil and sentenced to 12 years in jail.
Najib then appealed the charges and fine at the Court of Appeal. Last December, however, the appellate court dismissed the appeal and ruled that Najib’s conviction, alongside the jail sentence and fine, should be upheld.
The former finance minister is currently out on bail pending his final appeal at the apex court.
If he loses the appeal, Najib will lose his MP title and privileges and go straight to jail (pending a royal pardon) as he has already exhausted the appeals processes in the lower courts. – Aug 23, 2022
Main photo credit: Astro Awani
