QC’s admission to High Court not automatic, says ex-Bar president

Jonathan Laidlaw, who specialises in business and financial crime laws, is seeking permission to argue the SRC International case for Najib Razak’s final appeal in the Federal Court. (2HareCourt pic)

PETALING JAYA: A former Malaysian Bar president has reminded the public that a London-based lawyer’s admission to represent former prime minister Najib Razak in his final appeal in the RM42 million SRC International case is still subject to approval.

Ragunath Kesavan said Jonathan Laidlaw’s lawyers had to serve the petition for admission to the Malaysian Bar, the Federal Territory Bar and the attorney-general (AG) for them to oppose or consent to the application.

He stressed that regardless of “how good one’s credentials are”, the application to represent the former prime minister would not be approved automatically because the strict requirements under the Legal Profession Act (LPA) had to be fulfilled.

“The strict criteria under the LPA has to be adhered to for admission and it is for the court to make a final determination after hearing all parties,” he told FMT.

Laidlaw, a Queen’s Counsel (QC) specialising in business and financial crime laws, is seeking the High Court of Malaya’s permission to argue the SRC International case for Najib’s final appeal in the Federal Court.

In his petition, Laidlaw said SRC International involved “serious, complex, and novel issues” related to several branches of criminal and civil law.

“For the purpose of the appeal, the applicant (Laidlaw) possesses special qualifications, experience and expertise which is not available among the lawyers here.”

The High Court in Kuala Lumpur will hear the petition and aggrieved parties have a final chance of appeal before the Federal Court which should be disposed of by Aug 15.

Ragunath also said he could not recall any recent case of a QC being admitted here (the High Court of Malaya) to represent a client in a criminal trial or appeal.

“There was one such recent case but that came under the jurisdiction of the High Court of Sabah and Sarawak,” he said.

Ragunath said in 2007, QC Cherie Blair was engaged by a company to appear before the Federal Court for a commercial dispute. Blair is also the wife of former British prime minister Tony Blair.

However, the Federal Court dismissed her application, saying she did not fulfil the requirements of Section 18 (1) of the LPA.

The Federal Court had also asked how she would be able to assist in the case at that juncture as she had not been engaged during the trial stage.

Lawyer Syed Iskandar Syed Jaafar al-Mahdzar said it would be interesting to see the position the AG would take in Najib’s case, especially as he, as the public prosecutor, was opposing the former prime minister’s criminal appeal.

“The AG is not the keeper of the profession’s conscience but it is the Bar that is the supervising authority,” he said.

Syed Iskandar said the AG, as the guardian of public interest, would usually oppose admission of lawyers to practise based on information that the Bar did not possess.

The Federal Court is scheduled to hear Najib’s appeal for 10 days from Aug 15 to 26.

Last year, the Court of Appeal affirmed the High Court’s decision in July 2020 to convict Najib on seven charges of power abuse, criminal breach of trust and money laundering over RM42 million belonging to SRC International that entered into his AmBank accounts.

It also upheld Najib’s 12-year jail sentence and RM210 million fine. However, Najib was released on bail pending his final appeal in the Federal Court. - FMT