محكمه تيڠڬي تولق ڤرموهونن نجيب لانتيق ‘قوين’س چونسل’
Datuk Seri Najib Razak has failed in his bid to appoint Queen’s Counsel Jonathan Laidlaw to represent him in his final appeal over the 12-year jail sentence and RM210 million fine in the SRC International Sdn Bhd case.
High Court judge Datuk Ahmad Kamal Md Shahid dismissed Laidlaw’s application to act as advocate and solicitor in the High Court of Malaya.
Najib’s counsel, Harvinderjit Singh, in his submissions, said Laidlaw’s presence during the appeal was crucial to the defence as he had a particular expertise and qualification to assist the Federal Court on complex issues concerning the case.
However, lead prosecutor Datuk V. Sithambaram argued that he saw no reason why a QC should be called in when Shafee (Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah) and his team of lawyers had handled this case right from the beginning.
KUALA LUMPUR: Datuk Seri Najib Razak has failed in his bid to appoint Queen’s Counsel Jonathan Laidlaw to represent him in his final appeal over the 12-year jail sentence and RM210 million fine in the SRC International Sdn Bhd case.
High Court judge Datuk Ahmad Kamal Md Shahid dismissed Laidlaw’s application to act as advocate and solicitor in the High Court of Malaya.
Kamal said the list of issues raised by the appellant’s counsel were not complex, exceptional or serious warranting the ad hoc admission of Laidlaw to be lead counsel for the purpose of the appeal.
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“It is undisputed that there are novel issues or points of law involved in the present case but it is subject to judicial determination based on our local laws.
“To me, these novelty issues do not automatically render them complex justifying the need for the ad hoc admission of the QC, as to do so would impliedly suggest that our local advocates and solicitors including the appellants counsel and his team are neither known to the local laws nor flexible and malleable to the change and development of the law.
“In fact, there are voluminous reported local case laws where our courts have to decide on novel issues or points of law with the representation of our local advocates and solicitors,” he said.
Kamal said the applicant also failed to shown himself as one who possesses special qualification or experience of a nature not available amongst advocates and solicitors in Malaysia.
“The applicant does not have any experience in handling or providing any legal advice or expert legal services within the jurisdiction of Malaysia.
“Further, I find that there is no single evidence to suggest that the applicant has knowledge or much experience in the local law compared to the local advocates and solicitors in Malaysia,” he said.
Kamal said the local advocates and solicitors were capable of handling such cases at all tiers of the court in Malaysia.
“It is undeniable that the applicant is deemed as the ‘star silks in financial crimes’, but to me, that alone does not suffice as possessing special skills, expertise, qualifications and knowledge on the application of the MACC Act 2009, AMLATFPUAA 2001, Penal Code, Criminal Procedure Code, and our sui generis Federal Constitution in our country which is relevant to the Appeal before the Federal Court in Aug 15, 2022.”
Najib’s counsel, Harvinderjit Singh, in his submissions, said Laidlaw’s presence during the appeal was crucial to the defence as he had a particular expertise and qualification to assist the Federal Court on complex issues concerning the case.
However, lead prosecutor Datuk V. Sithambaram argued that he saw no reason why a QC should be called in when Shafee (Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah) and his team of lawyers had handled this case right from the beginning.
“Shafee is more qualified than a QC to appear at the appeal as he has handled this case all along. The issues they are raising is not rocket science that we need to get a QC.”
Datuk Gurdial Singh Nijar, who appeared for the Kuala Lumpur Bar, also rejected the need for a QC to be roped in, describing it as a “crutch mentality”.
The senior lawyer also raised the issue of closure to the case by pointing out what Harvinderjit had said about translating the entire High Court proceedings for Laidlaw to go through before the appeal is heard.
Gurdial said the courts must not allow a situation where Najib’s defence kept applying for an extension with no end in sight.
He said the case was not only of national importance but that the entire world was also watching the proceedings.
Najib is seeking to have Laidlaw represent him in his final SRC International appeal at the Federal Court but this is being objected to by the prosecution with three other parties.
Najib has been found guilty of abusing his power and misappropriating RM42 million of SRC International funds and sentenced to 12 years in jail, and fined RM210 million by High Court judge Datuk Mohd Nazlan Mohd Ghazali.
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