JAILED former prime minister Najib Razak was denied a fair trial during the Federal Court hearing of his SRC International appeal last year, after the court rejected an application for an adjournment as his lawyer was unprepared, lead attorney Muhammad Shafee Abdullah said.

Shafee said because of the apex court’s misjudgment, his client did not get a fair trial. 

He was refering to Najib’s lawyer Hisyam Teh Poh Teik, who was not granted an adjournment and was denied the application to recuse himself. 

“You (Federal Court) can’t force the lawyer (Hisyam) to carry on with a case he is not prepared for. 

“This current situation was created by the court. Asking Hisyam to stay back and continue (defending Najib) goes against the rules of a fair trial,” he said at the Federal Court in Putrajaya today.

Najib today continues his bid to overturn his guilty verdict, as well as the 12-year jail sentence and RM210 million fine in the corruption case involving RM42 million of funds from SRC International.

Shafee said that the Federal Court made a fundamental error in forcing Hisyam to represent Najib. 

“Counsel was not prepared because he just took over the case. That’s why he asked for an adjournment to prepare to argue the case. 

“Hisyam also told the registrar if his application for adjournment was denied he will have no choice but to discharge himself. 

“But, the court did not allow for an adjournment and his application to discharge himself.”

On August 18 last year, the Federal Court denied Hisyam’s request to discharge himself from representing Najib in his final appeal on the SRC International trial.

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

“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 had said.

Hisyam had said that he was in no position to argue the case because he applied for a three-month extension and was not given enough time to go through the documents.

Shafee said that fundamental question to ask was why the court hurried into making a ruling.

“This is an issue (Najib’s trial) the Federal Court needs to deal with without compromising justice.”

Shafee said that the Federal Court review has to now treat his client as unrepresented in the Federal Court on the SRC case, “as Hisyam was there at the directive of the Federal Court and not as counsel”.

Chief Judge of Sabah and Sarawak Abdul Rahman Sebli is leading the five-man bench.

Also on the panel are Justices Vernon Ong, Rhodzariah Bujang, Nordin Hassan and Abu Bakar Jais.

Najib had last year filed a motion to review the SRC ruling on grounds the court had breached the principles of natural justice, including his right to fair trial and to counsel. – February 20, 2023.