Senior lawyer believes Hisyam's refusal to do oral submission is not contempt of court

HURIN EIN
22 Aug 2022 05:04pm
Najib's lead counsel Hisyam Teh Poh Teik (middle) - BERNAMA Photo
Najib's lead counsel Hisyam Teh Poh Teik (middle) - BERNAMA Photo

SHAH ALAM – It may be controversial but lawyer Hisyam Teh Poh Teik's refusal to present his oral submission for his client, former prime minister Datuk Seri Najib Razak, should not be construed as contempt of court.

This was the opinion of senior lawyer Datuk Geethan Ram Vincent who added that Hisyam did not commit any offence over such refusal.

“I don’t see why he should be subjected to contempt.

"He has done nothing to warrant contempt of court as he was merely following instructions from his client.

“His [Najib's] instructions are probably not to submit orally,” he said.

Geethan added that Hisyam also had his reasons as he was ill-prepare for an oral submission due to insufficient time; a fact which was insufficient for him to be cited for contempt of court.

When asked about the possible situation of Hisyam's refusal to represent Najib, Geethan believed, the Federal Court will proceed with the appeal by considering the evidence and submissions filed to the court.

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“The judgement by both Court of Appeal and High Court will also be considered for the Federal Court to make their decision,” he said.

Hisyam had, last Friday, raised many eyebrows when he informed Chief Justice Tengku Maimum Tuan Mat of his refusal to submit oral submissison and also his request to discharge himself from being Najib's counsel.

However, Tengku Maimun -- who leads a five-member panel over Najib's SRC International appeal -- barred Hisyam from doing so, viewing that he had "failed to disclose adequate reasons" to justify his recusal bid.