FORMER attorney-general Tan Sri Tommy Thomas does not believe former prime minister Datuk Seri Najib Razak’s final appeal in his SRC International corruption case had any merits to it.
And this is why Najib’s defence team used the “oldest trick in the book” by trying to get the trial judge and chief justice hearing the final appeal to be recused, according to Thomas.
In an interview with Malaysiakini that was published today, Thomas said he always “comforts” his team by telling them when such applications are made, it is a “sure sign” that the applicants do not want the case heard on its merits.
“When you have a weak case on the merits, and the merits could either be law, facts, witnesses, documents or the totality of the case (the lawyers arguing for the case would ask themselves: are we going to win or lose?’).
“When lawyers have weak cases on the merits, they turn to such applications. And this is the oldest trick in the book. So you just have to look at them calmly and coolly (and) deal with them,” he said.
Thomas also noted that the Federal Court had given Najib’s defence team 10 days for the appeal – a “real luxury”, according to Thomas, as one is lucky if they even get one day for an appeal hearing at the apex court.
The dates were also fixed about five months prior to the appeal, Thomas added.
“And yet, he (Najib) came to court and did not want to pursue his appeal on the merits. So, that tells me about the lack of merits of his appeal,” Thomas said.
“Serious conflict of interest”
During Najib’s final appeal in the SRC International case last month at the Federal Court, the defence argued that trial judge Datuk Mohd Nazlan Mohd Ghazali was under a serious conflict of interest when presiding over the trial two years ago.
After the apex court rejected the application for failing to show its relevance against his charges, Najib sought to recuse Chief Justice Tun Tengku Maimun Tuan Mat from hearing the panel, over a Facebook posting by her husband that was seen as “anti-Najib”.
However, the Federal Court rejected that application as well and upheld his seven charges of power abuse, criminal breach of trust and money laundering, RM210 mil fine and 12-year jail sentence.
Najib is currently serving his sentence at the Kajang Prison.
Meanwhile, commenting on Najib’s new lead counsel Hisyam Teh Poh Teik’s refusal to present new submissions during the final appeal as he needed more time, Thomas said it was “absolutely extraordinary”.
“It was so extraordinary because it was suicidal and kamikaze. Because at the end of the day, the first duty of a lawyer is to his client – to preserve the interest of his client.
“How is a client’s interest protected by this kamikaze attitude? The client is now in jail,” he said, adding that “nobody in the common law world” could have predicted this.
He also said the defence lawyers are the “authors of their own misfortune” as it was “self-inflicted or self-induced.”
The Malaysian Bar has since said it was “aghast” over the justice system being “abused and brought to disrepute” through “frantic” acts and the numerous attempts to postpone the hearing of Najib’s SRC International final appeal.
In particular, Bar president Karen Cheah Yee Lynn named cited Hisyam’s last-minute application to discharge himself from acting for Najib; Hisyam’s “defiance” in refusing to proceed with submissions on the appeal despite the Federal Court requesting them to proceed and the “sudden” discharge of lawyers Datuk Zaid Ibrahim, Liew Teck Huat and M. Rueben from acting for Najib.
All four lawyers have since said they will sue Cheah over the matter unless she retracts her statement and apologises. – Sept 6, 2022
Main pic credit: Free Malaysia Today
