PAST presidents of the Malaysian Bar have rallied behind its current president, Karen Cheah, and the judiciary who have come under heavy criticism over the way former prime minister Najib Razak’s SRC International appeal was handled.

Last Tuesday, the Federal Court quashed Najib’s appeal and upheld the sentence of 12 years in prison and a fine of RM210 million for appropriating RM42 million in SRC funds. He was sent to Kajang Prison.

“We stand with the judiciary in these unprecedented times as they face an onslaught of attacks by individuals attempting to strike fear in the judges and to undermine their independence,” they said in a joint statement.

“We commend the judges who have not flinched in the face of such appalling threats.

“The judiciary has shown that they are determined to do justice ‘though the heavens may fall’.

“We thus stand with the Malaysian Bar who will defend the brave judges for upholding their oath of office without fear or favour.”

The statement was issued jointly by Zainur Zakaria, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Lim Chee Wee, Steven Thiru and George Varughese.

Cheah had expressed her disgust with the manner the justice system was being abused and brought to disrepute in the SRC International appeal hearing.

Lawyer Zaid Ibrahim and two of his partners who briefly appeared for Najib said they were mulling legal action against Cheah if she doesn’t apologise.

Najib, who addressed the court before the judgment was given, said that he did not feel he was adequately represented nor did he feel like he was given a fair trial.

In the lead up to the trial, Najib has first tried to discredit High Court judge Mohd Nazlan Mohd Ghazali who found him guilty, over his past role as the general counsel for Maybank who was a lender to 1Malaysian Develoment Bhd, SRC’s parent company.

Najib also accused Nazlan of allegedly accepting a bribe over unexplained wealth in his bank account. He subsequently withdrew this statement.

Days before the trial, he dismissed his lead counsel Muhammad Shafee Abdullah and appointed Messrs Zaid Ibrahim Suflan TH Liew & Partners to represent him in his final appeal at the apex court.

In the run-up to and during the appeal, Najib’s counsel, Hisyam Teh Poh Teik, made numerous requests to postpone the trial but was rejected by the five-man bench.

Najib then discharged his newly appointed law firm as solicitors as well as Zaid, Liew and Rueben as co-counsel on August 18.

A similar request to discharge Hisyam Teh as lead counsel was rejected by Chief Justice Tengku Maimun Tuan Mat.

They said Najib’s claim that he was not afforded due process by the court was patently false.

“Thus, it is abundantly clear that the Federal Court had given counsel for the appellant, Najib, every opportunity to make submissions on the merits but he repeatedly refused to do so.  

“The appellant through his counsel made a deliberate and considered choice not to make submissions on the merits.

“The narrative that there was no due process accorded to the appellant is patently false,” they said.

With regard to Najib’s accusations towards Nazlan, the past Bar presidents said the attorney-general must act on the matter.

“It is difficult to find a greater travesty occasioned upon the trial judge that in our view has criminal consequences.

“Not only is this a baseless assault on the learned judge, but it is an assault on the whole judiciary.

“The AG, must especially appreciate the ramifications of such assaults on the judiciary, having been a former judge of the Federal Court himself.

“We trust he will act on these false allegations,” they said.

Commenting on the alleged leaked judgment from Najib’s SRC trial as well as his wife Rosmah Mansor’s upcoming verdict on Thursday, they said these were also attempts to undermine the judiciary.

“They are clearly attempts to undermine confidence in the judiciary and can be seen as a means to threaten the judges. These are potentially criminal acts.

“This unhealthy and illegal practice must stop. We again urge the AG to act swiftly and bring to book the persons involved in these heinous acts and ensure that they face the full force of the law.  

“If left unchecked they will have a corrosive effect on the administration of justice,” they added. – August 30, 2022.