Courts’ right to deny Najib adjournment bids, says prosecution

 

Last July, senior lawyer Hisyam Teh Poh Teik took over as Najib Razak’s lead counsel for his final SRC International appeal.

PUTRAJAYA: The prosecution in Najib Razak’s SRC International case told the Federal Court today the former prime minister cannot blame the judiciary for his failed bids for an adjournment.

Ad hoc prosecutor V Sithambaram said the courts have unfettered discretion to grant an adjournment.

He said the previous Federal Court hearing scheduled Najib’s SRC International appeal on April 29 last year, and that Najib and his lawyers were well aware of this.

While every accused person has the right to engage the lawyers of their choice, he said, changing lawyers should be done in good faith.

In July last year, Najib appointed Zaid Ibrahim Suflan TH Liew & Partners to act as solicitors for his SRC International appeal while lawyer Hisyam Teh Poh Teik led the defence team.

They requested the court to postpone the Aug 15-26, 2022 hearing on grounds they only took over the case less than one month earlier, and asked for three to four months to prepare Najib’s case. However, the postponement bid was rejected.

This prompted Hisyam to discharge himself from representing Najib but the Federal Court barred him from doing so.

“The previous solicitors (Zaid Ibrahim Suflan TH Liew & Partners) should not have taken over the case if they were not prepared to proceed from Aug 15 to 26, 2022,” Sithambaram said in objecting to Najib’s review bid for his SRC International case.

“But that was not the case. The previous solicitors took over the case with the sole purpose of asking for an adjournment of the case.

“As lawyers, we always prepare for a ‘Plan B’ – which is to submit before the court – in the event our adjournment request is turned down.”

He said lawyers should not hold the courts to ransom by attempting to discharge themselves if they were ordered to submit.

Sithambaram also said Hisyam’s application to recuse Chief Justice Tengku Maimun Tuan Mat from hearing the appeal was another “desperate attempt” to scuttle the hearing.

The recusal bid was also rejected and the panel proceeded to deliver its decision on Najib’s appeal.

Najib is currently serving a 12-year jail term after his conviction and sentencing in the SRC International case were upheld by the Federal Court.

Last year, he filed a motion to review the ruling on the grounds that the court had breached the principles of natural justice, including his right to a fair trial and to counsel.

The hearing continues before a five-judge panel, headed by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.

The other judges are justices Vernon Ong, Rhodzariah Bujang, Nordin Hassan and Abu Bakar Jais. - FMT