THE Federal Court did not have the jurisdiction to stop Najib Razak’s lawyer from discharging himself from the SRC International final appeal, lead defence counsel Muhammad Shafee Abdullah said.  

He said that it was a breach of jurisdiction to ask the lead counsel in the appeal stage, Hisyam Teh Poh Teik, to stay and “pretend to act for the client” (Najib).  

“What the Federal Court did was a double blow to my client by not granting (Hisyam) adjournment as the counsel was not prepared.  

“The Federal Court had also sanctioned an ineffective counsel to continue (to defend Najib) which goes to the heart of a fair trial and against human rights,” he said today in Najib’s application to review the Federal Court decision in August last year to dismiss his appeal against conviction and sentencing in the SRC International case. 

In the final appeal, Najib had appointed Hisyam as his lead counsel, who had sought an adjournment to better prepare for the case. 

The court, however, had denied the adjournment, after which Hisyam had applied to dismiss himself from representing Najib. This too was rejected by the court. 

Chief Justice Tengku Maimun Tuan Mat had ruled then that the court was within its discretion to dismiss the lawyer’s application. 

“We are of the view that counsel has not shown cause to discharge himself. We deny his request to discharge himself. He is still on record as lead counsel,” she had said. 

Shafee said the decision of the Federal Court then had seriously impacted Najib. 

“The duty of the court is to try and secure counsel for the accused. 

“This is a serious offence where the accused got a 12-year jail term and RM210 million fine. 

“When you (Federal Court) compel counsel to remain against his volition, it is not right.  

“So, there is a counsel (Hisyam) who is incompetent because he lacked preparation,” said Shafee. 

Najib last year filed a motion to review the SRC ruling on the grounds that the court had breached the principles of natural justice, including his right to fair trial and to counsel. 

He is seeking to overturn his guilty verdict as well as his 12-year jail sentence and RM210 million fine for stealing RM42 million of SRC International’s money.  

The review application continues tomorrow. – February 27, 2023.