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Monday, August 22, 2022

YOURSAY | Najib's last-minute attempt to delay trial 'despicable'

 


YOURSAY | 'He has, it seems, been hoisted by his own petard.'

We are officers of the court, lawyers remind Zaid

Kilimanjaro: The further former prime minister Najib Abdul Razak and his lawyers take their "insolence" down this lane, the more brickbats they are going to receive.

The argument is sound enough - if lawyers taking over a case are not ready, they should decline to accept the case.

I salute the courage of Chief Justice Tengku Maimun Tuan Mat and the justices who had stood firm and resolute in not allowing the court to be a ground for theatrics. How more sickening can it get by going after the spouse of the chief justice?

The prosecution had explained very succinctly the absence of "nexus" on the defence's claim on conflict of interest. The voluminous evidence the prosecution had adduced cannot be simply "erased" with the conflict-of-interest argument.

It is the court and the court alone that can decide on the case. We are bystanders and accept the court's decision.

For years, this country has been plagued by a judiciary that couldn't shed off the perceptive accusations of executive interference. That eroded confidence has now been revived and this is good for the country.

The Realist: It is sad that top lawyers allow themselves to be made a theatrical farce in the highest court of the land.

The chief justice and her team have deliberated and rightfully come to a conclusion that Najib's theatrics must come to a stop.

That is called the rule of law, which the court cluster is oblivious to and thinks that they are entitled to claim privileges because they are the so-called 'elites'.

We are blessed to have a chief justice who executes the law without 'fear or favour' in the interest of our nation supported by a like-minded team of four other justices of the Federal Court.

It is obvious that the court cluster is trying to buy time to change the government and manipulate judicial appointments to get them a 'get out of jail free' card.

OCT: Najib and his legal team are just like a bunch of spoilt kids. When they ask for favours, they must get, or else they will throw tantrums for all to see and create havoc in the process.

This is typical of a sore loser who cannot accept defeat graciously. The government has treated Najib with decorum by granting him lots of leeway and liberties.

This has given him the impression that what he asked for is what he gets. Now his followers and supporters are arguing that he has been denied a fair trial as he is not adequately defended.

This is very dangerous as his followers and supporters may take things into their own hands and go against any decision made by the Federal Court later.

Cogito Ergo Sum: What these two lawyers (Hisyam Teh and Zaid Ibrahim) are attempting is akin to the Sheraton Move in politics. They are trying to overthrow the verdict of two courts and four judges.

Their strategy had been outlined by a senior lawyer, who says, more or less, that Najib will have recourse for a review of this Federal Court’s final verdict by another Federal Court panel.

Their lawyers will cite as reasons that their client did not have legal representation at the time of the final appeal. Justice was therefore denied to him.

This opens the avenue for a review of this current court’s eventual verdict. In essence, this is similar to the Sheraton Move in politics which stole the people’s mandate.

Now this pair of lawyers are attempting a similar move but on the legal front. Despicable would not even begin to describe our disgust.

Hrrmph: It is indeed shocking that Zaid, after having practised for umpteenth years, is only now aware that a lawyer may only discharge himself by the leave of court.

Yet he must be truly ignorant, for who would voluntarily publish his ignorance so publicly on his own accord?

The leave of court is in the court's civil procedure and surely the standards required in criminal cases are far more stringent, as the repercussions of unethical behaviour are more serious.

Say what we like about the profession, it is just about the only one with exacting requirements that govern each and every aspect of a lawyer's behaviour.

This is probably due to the fact that the profession is the purveyor of law and they know how easily people can bend a situation to their advantage, and how necessary it is to have rules to check this.

Just look at the politicians. It is only in recent times that they are dealing with "frog-jumping", vote rigging, campaign funding and a whole host of unsavoury practices.

The lawyers, on the other hand, already have the rules in place. It is only a matter of charging the culprits.

Of course, there will always be bad hats. If it was easy to eliminate bad behaviour just by having rules, well, there will be no criminals anywhere.

Headhunter: The whole scenario looks strange right from the beginning. It resembled a stage play with all the actors doing their well-rehearsed parts.

But the strangest was, the defence witnesses who were in court were saying things that only confirmed the whole caper was a well-orchestrated plan to rob the country of billions.

Malaysians were expected to see a good fight in court after being informed that Najib got an expensive self-styled hotshot defence lawyer.

Bit by bit, the whole thing crumbled as the trial went on and every excuse was used to delay the case while Najib continued to strut his stuff like he was on an election campaign, obviously hoping that his case would be dismissed eventually.

OxymoronicTendencies: Having abused the court process for the past four years with endless and creative ways to delay the course of justice, it seems Najib’s “Hail Mary” to delay trial has failed.

It was always destined as a desperate move to personally attack the personal integrity of a member of the judiciary. And now Najib has, it seems, been hoisted by his own petard.

OrangeJaguar9341: I'm just glad that members of the Bar are speaking up in defence of the courts and the bench.

The law must apply equally to all. There can be no favouritism, no special privileges, and no place for manipulation or attempts at subverting justice.

These are probably alien to the accused and his team of lawyers. - Mkini

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