Prosecution objects to Queen's Counsel leading Najib's final appeal in SRC case

KUALA LUMPUR - Deputy Public Prosecutor Mohd Ashrof Adrin Kamarul in an affidavit filed today objected to Queen's Counsel of the United Kingdom Jonathan Laidlaw's application to represent Datuk Seri Najib Razak in the latter’s final appeal in the case involving the misappropriation of RM42 million belonging to SRC International Sdn Bhd.

Ashrof said Laidlow did not show any qualifications or special experience in the laws of this country apart from not being qualified in Bahasa Malaysia.

He claimed that the applicant (Laidlaw) also did not possess any more knowledge than a local lawyer to argue the appeal in the Federal Court.

"It is difficult to understand how the applicant, who is foreign to the local laws here can be said to be better equipped and qualified than senior counsel Tan Sri Muhammad Shafee Abdullah, who often appears before all levels of Malaysian courts to argue cases similar to the charges (in the SRC case),” said Ashrof.

In his appeal in the Federal Court, Najib sought to quash his conviction and 12 -year jail sentence and a fine of RM210 million on one charge of abuse of position, three charges of breach of trust and three charges of money laundering linked to SRC International funds.

Ashrof also claimed that Laidlaw did not have the Bahasa Malaysia qualifications required under subsection 11 (2) of the Legal Profession Act (Act 166) to be allowed an ad hoc application under Section 18 of the same Act.

"The applicant is not a qualified person to be admitted as an ad hoc advocate and solicitor under Act 166.

"I state that if the court ignores the political position of the appellant (Najib) in this appeal, the case will be like any other criminal appeal which does not deserve any special consideration to admit foreign lawyers to argue the appeal to be heard in the Federal Court," he said.

According to Ashrof, it is hard to accept that out of 21,625 advocates and solicitors in Malaysia, none have special qualifications or experience to handle the appeal apart from the applicant.

"The fact that Tan Sri Muhammad Shafee has handled Datuk Seri Najib's trial in the Court of Appeal is a clear testament that the senior lawyer has special qualifications and experience to handle appeals related to the charges in the Federal Court.

"The charge in the Federal Court is also not a new charge but the same charge handled by Tan Sri Muhammad Shafee in the High Court and the Court of Appeal. Therefore, this application is without merit and must be rejected outright,” he said.

On Jan 25, the legal firm Messrs. Shafee & Co submitted a letter to the Secretariat of Chief Justice Tun Tengku Maimun Tuan Mat on Najib's intention to appoint a QC to assist him on complex issues and legal questions in the appeal of the SRC case in the Federal Court.

On April 29, the Federal Court set 10 days in August to hear Najib's appeal against his conviction and jail sentence for misappropriation of the company's funds.

On Dec 8, 2021, the Court of Appeal upheld the conviction and 12-year prison sentence as well as an RM210 million fine imposed against Najib for misappropriating RM42 million in SRC funds.

Justice Datuk Abdul Karim Abdul Jalil, who presided with fellow judges Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera, unanimously dismissed Najib's appeal against the High Court's decision on July 28, 2020.

The Federal Court is Najib's final avenue of appeal against his conviction and sentence. - BERNAMA