We will not abandon Najib as our client, says Zaid Ibrahim

 

Senior lawyer Zaid Ibrahim (left) says he accepted the brief to act for Najib Razak in his SRC appeal purely in the interests of justice.

PETALING JAYA: Najib Razak’s present solicitors have expressly denied media reports suggesting that they intend to discharge themselves from acting for the former prime minister in the SRC appeal which begins in the Federal Court on Monday.

“I am surprised that a statement made in chambers to the deputy registrar found its way into the media reports almost instantaneously after the case management hearing,” lawyer Zaid Ibrahim said in a statement posted on Facebook today.

“I am not sure who is the source of the media reports,” he said, adding that they were “neither correct nor accurate”.

The former law minister denied that his firm, Zaid Ibrahim Suflan TH Liew & Partners, told the court it would be discharging itself as solicitors at the hearing, adding that any media report stating the contrary was “mischievous and regrettable”.

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“We do not abandon our clients,” said Zaid. “We will continue to act for (Najib) for so long as we have his confidence.”

He said Najib had legitimate grievances about his conviction, particularly on matters relating to rule of law, the law relating to bias, and conflict of interests.

It was an advocate’s “sacred duty” to represent an accused person with such grievances without prejudging the matter, he said.

“Passing judgment is the domain of the courts. As lawyers, our duty is to present the client’s case to the best of our ability.”

Najib’s legitimate expectation was that he would get a full and fair hearing before the Federal Court, said Zaid.

“It is our duty as solicitors to enable that process,” he said.

The senior lawyer went on to pan critics who made “scurrilous attacks” against his firm and him personally, singling out MP Hanipa Maidin (PH-Sepang), a fellow lawyer, whose letter was published by FMT yesterday.

“(Hanipa’s) insinuation yesterday that lawyers who take on briefs at the last minute are motivated by money is grossly unfair,” said Zaid.

“Throughout my career as lawyer and politician, I have never been motivated by money or position. Justice is what matters to me.”

He described as “preposterous” any suggestion that there was never a justification for a last-minute change of lawyers, saying that in Najib’s case, there was “a genuine need for a change of perspective and a reset of arguments”.

He also rejected claims that the change of lawyers was merely an attempt to delay the appeal, calling on critics to compare Najib’s case with other high-profile cases that have come up before the courts.

“There is no doubt that this case has taken much less time to reach its present stage than most, if not all, of such cases,” he said. “My pompous critics will know whose cases I am referring to.”

He called on his fellow lawyers to respect his professional judgment in accepting the brief to defend Najib.

“As lawyers, we have a duty to justice without fear or favour,” he said. “We must be slow to question the basis on which any other lawyer takes a brief because we must respect the professional judgment of our peers.”

Zaid believed that his firm had brought a fresh perspective to the case.

“On our advice, Dato Seri Najib has abandoned certain propositions previously put forward,” he said. “We are purely focused on constitutional principles, the rule of law, principles of natural justice and the specific legal and factual issues in the application for retrial and the appeal proper.”

Najib was convicted on July 28, 2020 on seven charges of abuse of power and misappropriation of RM42 million in SRC International funds after a 76-day trial. He was sentenced to 12 years’ imprisonment and fined RM210 million.

His appeal to the Court of Appeal was dismissed on Dec 8 last year.

The present appeal before the Federal Court is Najib’s final opportunity to clear his name.

Two months ago, Najib filed a motion in the court seeking to adduce fresh evidence in the form of oral testimony and documents which he said would establish trial judge Nazlan Ghazali’s conflict of interests.

On July 21, the Kuala Lumpur High Court rejected his application for leading UK white-collar criminal lawyer Jonathan Laidlaw, QC, to argue his appeal before the apex court.

On July 25, Najib discharged his previous solicitors, Shafee & Co, and appointed his present solicitors. They immediately sought a postponement of the case, but the request was turned down by the Federal Court.

Najib’s motion and the appeal are set to be heard beginning Aug 15. - FMT