July 21 decision on QC’s bid to represent Najib in final SRC appeal


KUALA LUMPUR: The High Court has mounted July 21 to ship its decision in an utility by UK-based lawyer Jonathan Laidlaw to be admitted as an advocate and solicitor right here for him to seem as Datuk Seri Najib Razak’s lead counsel in the SRC International appeal.

The date was set by Justice Ahmad Kamal Md Shahid after listening to submissions from events right here on Wednesday (July 6).

Earlier, lawyer Harvinderjit Singh, who represented Laidlaw in the appliance, knowledgeable the courtroom that Tan Sri Muhammad Shafee Abdullah was unable to attend due to laryngitis and that he’s on medical depart till July 10.

ALSO READ: Prosecution opposes QC’s application to defend Najib

In his argument, Harvinderjit insisted that as a Queen’s Counsel (QC), Laidlaw has experience wanted to sort out novel points that can come up from the appeal on the Federal Court, and native legal professionals have totally different competencies from what was wanted in the appeal.

To present that Muhammad Shafee himself was fully ready to deal with the appeal, the prosecution listed instances the place he had appeared however Harvinderjit mentioned these weren’t the identical points that might be determined on the apex courtroom.

“I can guarantee you the issues that might be determined on the Federal Court usually are not even in the instances they listed,” he mentioned.

ALSO READ: Malaysian Bar objects to an application for QC in Najib’s SRC case

Meanwhile, lead prosecutor Datuk V. Sithambaram rebutted the necessity for a QC to participate in the appeal.

He mentioned to name in a QC could be “unfair” to native legal professionals as there have been no advanced or novel points that can’t be argued by Muhammad Shafee or another native legal professionals.

Sithambaram mentioned the appeal was a stage enjoying subject and no person would lose out by not calling in a QC.

“We submit that the brink has not been met. Since the QC will not be a requirement, this utility needs to be dismissed,” he added.

ALSO READ: SRC appeal: QC to assist Najib’s appeal has unrivalled experience and expertise in law, says Shafee

Senior Federal Counsel Shamsul Bolhassan from the Attorney General’s Chambers mentioned that the AGC objected to the appliance as there was no cogent purpose to have the QC’s help.

“The appellant (Najib) wouldn’t be prejudiced with out the presence of the QC,” he added.

Kuala Lumpur Bar consultant lawyer Datuk Gurdial Singh Nijar additionally objected to the appliance which he described as a crutch mentality that solely prompt that “we couldn’t perform with out them”.

(*21*) Bar consultant Datuk Bastian Vendargon mentioned that if there have been certainly new, severe and complicated points, legal professionals in the nation may get hold of recommendation from a QC with out bringing one into the nation.

On May 31, Laidlaw filed a discover of originating movement via Messrs Shafee & Co on the High Court for his admission as a lawyer in Malaysia.

It mentioned that Najib, because the appellant, had sought to have interaction Laidlaw’s skilled companies to act as lead counsel in the appeal.

“For the needs of the appeal, the applicant possesses particular {qualifications}, expertise and experience which isn’t obtainable amongst advocates and solicitors in Malaysia,” it said.

It mentioned that Laidlaw was eligible and certified to be admitted and enrolled to practise as an advocate and solicitor of the High Court of Malaya pursuant to Section 18(1) of the LPA 1976 to seem as counsel for Najib in the appeal and all different causes or issues associated to the appeal.

The QC appointment might be on an advert hoc foundation after acquiring admission from the (*21*) courtroom.

Najib’s appeal might be heard in August in a 10-day listening to from Aug 15 to 19 and 22 to 26 on the Federal Court.

On July 28, 2020, Justice Mohd Nazlan Mohd Ghazali (now a Court of Appeal choose) convicted and sentenced Najib on seven costs involving felony breach of belief (CBT), cash laundering and abuse of place, involving SRC funds, totalling RM42mil.

He was sentenced to 12 years’ jail and a nice of RM210mil.

The conviction and sentence had been upheld by the Court of Appeal.

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