A Queen’s Counsel (QC) from the United Kingdom can help “evolve and mature” Malaysian jurisprudence, according to Najib Abdul Razak’s legal team.
Lead counsel Muhammad Shafee Abdullah (above), in an affidavit in support of a bid for QC Jonathan Laidlaw to represent the former prime minister in his appeal in the RM42 million SRC International corruption case, said that it is because the matter involves “several novel points which had never been decided by Malaysian courts”.
Shafee contended that trial judge Mohd Nazlan Mohd Ghazali, who found Najib guilty of seven charges and sentenced him to 12 years in jail and an RM210 million fine, also acknowledged the existence of these novel issues.
Following the 2020 Kuala Lumpur High Court verdict against Najib, Nazlan was then elevated to the Court of Appeal.
Shafee cited several of these purported novel issues, among them on whether Najib - as then premier, finance minister or adviser emeritus of SRC - could be said to be entrusted with dominion over funds of SRC as its ‘agent’.
Another issue is whether Najib could be described as a ‘shadow director’ of SRC, having regard to the statutory language and purpose of the definition of ‘agent’ and ‘director’ under Section 402A of the Penal Code and the legal evolution of the ‘shadow director’ concept in England and the Commonwealth.
Najib’s lawyer also cited a novel issue on whether the appellant’s constitutional rights were infringed by the manner the prosecution allegedly failed to make full disclosures and discovery in a bona fide (good faith) during the High Court trial.
Laidlaw’s accomplishments
Shafee contended that Laidlaw is an English barrister pre-eminent in the field of business and financial crimes that can help address these novel issues during Najib’s appeal before the Federal Court.
The lawyer noted that Laidlaw has been consistently ranked by the UK legal directories as one of the ‘Star Silks’ and was a previous recipient of the Chambers and Partners ‘Crime Silk of the Year’ award (In the UK, a QC is referred to as a silk lawyer as he or she wears a silk gown).
Shafee then cited the UK lawyer’s numerous accomplishments, among them Laidlaw acting for two members of the House of Lords and a member of the House of Commons who were embroiled in the era-defining ‘cash for honours’ scandal involving an alleged link between loans to UK political parties and granting of life peerages.
Shafee also referred to Laidlaw’s representing clients linked to the UK Serious Fraud Office probe into the corruption of Indian government officials in respect of Rolls Royce defence contracts.
Shafee contended that Laidlaw’s accomplishments are such that no lawyer in Malaysia can be said to possess an equal degree of accomplishment, experience and expertise.
“For this reason, the court is asked to consider that the applicant’s (Laidlaw) undoubted, special and particular expertise would be advantageous to not only the applicant but also the Malaysian criminal justice system as a whole.
“The common law tradition and in particular the experience of the English jurisdiction in so far as it relates to financial crime has the capacity, it is submitted, to inform and benefit the Malaysian national jurisprudence and to assist it to evolve and mature, particularly considering the existence of the United Kingdom and international standards, which would assist the apex court in assessing the interpretation of Malaysian statutes and law to be in line with the said standards.
“As has been held in some cases, foreign judicial authorities, in particular from the Commonwealth jurisdiction, would be able to provide solutions to Malaysian judges as to how similar issues are resolved in those jurisdictions,” Shafee added.
The apex court has set 10 days in August to hear Najib’s final appeal to quash his conviction and sentence in the SRC graft case.
On Dec 8 last year, the Court of Appeal dismissed Najib’s appeal to overturn the lower court’s decision.
On July 28, 2020, the High Court found him guilty on one charge of abuse of position as then premier, three counts of criminal breach of trust, and three counts of money laundering involving RM42 million of funds from SRC.
The lower court had also imposed the sentences but stayed its execution pending disposal of Najib’s appeal.
Previously a subsidiary of 1MDB, SRC later became fully owned by the Minister of Finance Incorporated.
Besides being a former prime minister, Najib also used to be finance minister, SRC’s adviser emeritus and chairperson of 1MDB’s board of advisers. - Mkini
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