Thursday 28 Mar 2024
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KUALA LUMPUR (July 21): The High Court here had on Thursday (July 21) rejected former prime minister Datuk Seri Najib Razak's application to have Queen's Counsel Jonathan Laidlaw represent him in the final appeal at the Federal Court against his July 2020 conviction involving ex-1Malaysia Development Bhd (1MDB) subsidiary SRC International Sdn Bhd.

Justice Datuk Ahmad Kamal Md Shahid said Najib's application should be dismissed because there are no issues of complexity, novelty or seriousness that require Laidlaw's expertise at the Federal Court appeal.

“The appeal is one that can quite competently be handled by local advocates and solicitors,” Justice Ahmad Kamal said, noting that there are genuine concerns and doubts about the admission by Najib’s lawyers that Laidlaw handling the case will benefit the local legal fraternity.

Representing Najib during Thursday's virtual court proceedings were lawyers Rahmat Hazlan and Muhammad Farhan Muhammad Shafee. Also present was lead prosecutor Datuk V Sithambaram.

There is no evidence, which suggests that "Laidlaw has knowledge or much experience in the local laws, compared to the local advocates and solicitors in Malaysia”, said the judge, adding Laidlaw does not have any experience in handling cases, providing legal advice or expert legal services within the jurisdiction of Malaysia.

He said Laidlaw does not have special qualifications or experience in conducting criminal trials like Najib’s trial.

The High Court finds that Laidlaw "does not have special qualifications or experience in conducting criminal trials and appeals like the charges against the appellant (Najib), namely [under] Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, Section 409 of the Penal Code and Section 4 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001".

The fact that Laidlaw has conducted several cases including those involving business crimes, financial services and criminal defence in the UK as well as other jurisdictions except for Malaysia "could not be said to mean that there are no advocates and solicitors in Malaysia, that does not possess the said skills and success in conducting trials (in Malaysia)”, Justice Ahmad Kamal said.

Ahmad Kamal dismissed Najib’s lawyer’s argument that Laidlaw, because of his special qualifications, will deal with “novel and complex issues", which may arise during the appeal at the Federal Court.

The High Court had on Thursday dismissed Najib's application without costs.

On July 28, 2020, the High Court sentenced Najib to 12 years in jail and fined him RM210 million after he was found guilty by High Court Judge Datuk Mohd Nazlan Mohd Ghazali of seven charges involving SRC.

The seven charges comprised one count of abuse of power involving Retirement Fund (Inc)'s (KWAP) RM4 billion loans to SRC, three counts of criminal breach of trust involving RM42 million and three counts of money laundering.

The Court of Appeal on Dec 8, 2021 upheld the High Court's July 28, 2020 decision which found Najib guilty of the seven charges involving SRC.

On March 16, 2022, the Federal Court dismissed Najib's appeal against the Court of Appeal's Dec 7, 2021 decision to reject his application to adduce more evidence to the SRC case to overturn his conviction.

Following the High Court's decision on Thursday, Najib and his legal team can appeal against Justice Ahmad Kamal’s ruling at the Federal Court when the hearing of Najib's final appeal against his July 2020 conviction begins on Aug 15, 2022.

The Federal Court is scheduled to hear Najib’s appeal in two stages over 10 days. It was reported that the first stage is scheduled for Aug 15 to 19 while the second stage has been fixed for Aug 22 to 26.

Also present during Thursday's court proceedings were Datuk Dr Gurdial Singh Nijar, who represented the The Kuala Lumpur Bar Committee and Datuk Bastian Vendargon, who represented the Bar Council Malaysia (Malaysian Bar).

The Kuala Lumpur Bar Committee, Malaysian Bar and Attorney General's Chambers Malaysia (AGC) are also against Najib’s application to have Queen's Counsel Laidlaw represent him in the final appeal at the Federal Court against his July 2020 conviction involving SRC.

The Kuala Lumpur Bar Committee, Malaysian Bar and AGC had on July 6, 2022 made submissions at the High Court against Najib’s application.

On Thursday,  Ahmad Kamal said the High Court agreed with The Kuala Lumpur Bar Committee, Malaysian Bar and AGC that Malaysia has a plethora of competent advocates and solicitors to handle Najib's appeal against his conviction.

“I agree with submissions by the AGC, Malaysian Bar and The Kuala Lumpur Bar Committee that the appeal can quite competently be handled by local advocates and solicitors,” he said.

Edited ByChong Jin Hun
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