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Tuesday, August 23, 2022

Shafee is back: Lawyer returns to assist Najib's new legal team

Lawyer Muhammad Shafee Abdullah has returned to assist Najib Abdul Razak's lew lawyers under Hisyam Teh Poh Teik.

Hisyam informed the Federal Court this morning that Shafee (above) was on the way to the Palace of Justice at Putrajaya.

“Shafee is coming to assist me, so we seek for a short stand down,” the lawyer told the five-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat.

Hisyam then applied for an adjournment of today’s hearing to tomorrow morning so that Shafee could mount a proper oral submission on the former prime minister’s application to recuse Tengku Maimun from the appeal.

However, the top judge did not allow the adjournment and directed Hisyam to continue oral submission on the recusal bid.

Previously, it was reported that Najib switched lawyers from Shafee to a legal team under Hisyam as well as lawyers from Zaid Ibrahim’s law firm, for the appeal.

However, later the former finance minister discharged the lawyers from Zaid’s firm, leaving only the lawyers under Hisyam.

When Shafee appeared before the apex court this morning, he dismissed the claim that the episode of change of solicitors among others was an attempt to adjourn the hearing.

The lawyer reiterated that the relationship between him and Hisyam is good and that there was no acrimony between them.

Shafee told the bench it was important for the apex court to allow the adjournment to tomorrow as he was brought in at the last minute to orally submit on the recusal bid.

“On the matter of recusal, it is important that the court deliver a message of impartiality on the request, even on the application for a little time, as the integrity of the judiciary is at stake.

“Nothing wrong to give another 12 hours for an adjournment for me to gather my thoughts and authorities address the court on this point (recusal),” Shafee said.

Prosecution claims mala fide

However, deputy public prosecutor V Sithambaram objected to the postponement bid on grounds that it is merely to “scuttle” the main appeal.

Deputy public prosecutor V Sithambaram

“This is not the first time, even at the Court of Appeal on the day before delivery of judgment (dismissing the appeal) in December last year, there was an application for fresh evidence (which was also dismissed by the appellate court).

“The manner this case had gone on, including this (recusal) application, is mala fide (of bad faith) and with intent to delay the case,” the prosecutor contended.

However, Tengku Maimun did not allow the adjournment bid and directed Hisyam to resume with oral submissions on the recusal application.

Najib filed the recusal application yesterday.

On July 28, 2020, the High Court in Kuala Lumpur found Najib guilty of one count of abuse of power, three counts of criminal breach of trust (CBT), and three money laundering charges.

However, then trial judge Mohd Nazlan Mohd Ghazali allowed the defence’s bid to stay the execution of the sentence of 12 years in jail and RM210 million fine, pending disposal of the appeal.

Nazlan has since been elevated to the Court of Appeal.

Mohd Nazlan Mohd Ghazali

On Dec 8 last year, the Court of Appeal upheld the lower court’s ruling and dismissed Najib’s appeal.

The appellant also used to be SRC’s adviser emeritus and chairperson of the board of advisers of sovereign wealth fund 1MDB.

Both entities are fully owned by the Minister of Finance Incorporated (MOF Inc).

Initially a subsidiary of 1MDB, SRC was later wholly-transferred to MOF Inc. - Mkini

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