Najib's final SRC appeal: Lead defence counsel applies to discharge himself

 

PUTRAJAYA: Datuk Seri Najib Razak's lead counsel Hisyam Teh Poh Teik has orally applied to the Federal Court to discharge himself from leading the defence team in the SRC International Sdn Bhd appeal if the defence is not given any time extension.

At the start of proceedings here on Thursday (Aug 18), Hisyam began with an apology.

"I'd like to start by tendering an apology. An apology that is both sincere and from the bottom of my heart.

"I am unable to see the appeal this morning. There was an error of judgment when I accepted the brief on July 25," he said.

Hisyam, again, asked the court to consider reviewing its own decision when the panel of five judges, chaired by Chief Justice Tengku Maimun Tuan Mat, rejected the defence's application to stay the proceedings on Tuesday (Aug 16).

He pleaded with the panel for the defence to be given sufficient time to prepare but in the event that the request was denied, Hisyam said he would have to discharge himself as counsel.

"This saddens me as I've never done this before in my 45 years of practice," he added.

The CJ said the panel had heard the same request on Tuesday where it had already delivered its broad grounds of judgment.

She asked Hisyam if he was aware that the superior court has inherent jurisdiction to ensure that the courts function properly, which includes the authority to ensure the machinery works in an effective manner.

"And you are a key actor to ensure this works. The court has authority to protect its processes," she said.

Hisyam replied in the affirmative.

CJ: And you are still leaving your client unrepresented. You recognise that?

Hisyam: Yes. I'd be honest, I am not prepared. I was preparing for the motions (Najib's two applications on Monday (Aug 15) and Tuesday).

The CJ said Hisyam still needs the court's permission to discharge himself.

She said Hisyam would be required to file in an application and a supporting affidavit to discharge.

"Until and unless that order is granted, you remain on record. Counsels should not walk away leaving their client unrepresented.

"You are not to discharge yourself but to carry on. We are confident you can manage this," she said.

Hisyam said he would leave it to the court to decide.

The court has stood down while the judges retreat into chambers.

The five-judge panel, led by Chief Justice Tun Tengku Maimun Tengku Mat, were at the bench at about 10am on Thursday (Aug 18) for proceedings to begin.

The other four judges on the panel are Chief Judge of Sabah and Sarawak Justice Abang Iskandar Abang Hashim and Federal Court judges, Justices Nallini Pathmanathan, Mary Lim Thiam Suan, and Mohamad Zabidin Mohd Diah.

Najib was earlier seen arriving at the Palace of Justice in Putrajaya at about 9.30am, accompanied by his children Mohd Nizar, Ashman and Nooryana Najwa.

Najib's three children are currently in the public gallery in court, sitting behind Najib, who is in the dock.

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