Court denies defence lawyer’s request to recuse himself from Najib’s trial


Noel Achariam

The Federal Court has denied Hisyam Teh Poh Teik's request to recuse himself from Najib Razak's trial. – The Malaysian Insight pic by Najjua Zulkefli, August 18, 2022.

THE Federal Court has denied Hisyam Teh Poh Teik’s request to discharge himself from representing Najib Razak in his final appeal on the SRC International trial.

Chief Justice Tengku Maimun Tuan Mat said the court was within its discretion to discharge counsel.

“We are now giving our order and grounds.

“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 said.

Hisyam then said he had no comment on the matter.

Tengku Maimun then ordered the prosecution to begin their submissions.

She also said that time would be given to Hisyam to present his submissions.

Hisyam’s request to recuse himself and his team from the case was a sudden move that would have left Najib without counsel in his final appeal.

“My apology is sincere and from the bottom of my heart. I am unable to act in this case.

“It was my error in judgement in taking the case.

“I was hopeful that the court would grant discretion in my favour, due to the scope and depth of the appeal.”

After case resumption, Tengku Maimun asked Hisyam if the defence would be relying on written submissions—filed by former lawyers (Shafee Abdullah and Harvinderjit Singh) before the lower courts—for the purposes of today’s hearing.

Hisyam responded by stating they would.

On July 28, 2020, then High Court judge Mohd Nazlan Mohd Ghazali sentenced Najib to 12 years in prison and a RM210 million fine for criminal breach of trust, money laundering, and abuse of power.

The conviction and sentence were later upheld by the Court of Appeal.

Najib, 69, is represented by Hisyam, Zaid Ibrahim, Liew Teck Huat and M. Rueben, while the prosecution is led by ad hoc prosecutor V. Sithambaram, who is assisted by deputy public prosecutors Donald Joseph Franklin, Sulaiman Kho Kheng Fuei, Mohd Ashrof Adrin Kamarul and Manjira Vasudevan. – August 18, 2022.


Sign up or sign in here to comment.


Comments