PUTRAJAYA: Datuk Seri Najib Razak's decision to change his entire legal team led to the disruption of his final appeal to overturn his 12-year jail sentence and RM210 million fine for misappropriating SRC International funds, the Federal Court heard today.
Deputy Public Prosecutor Datuk V. Sithambaram said the former prime minister's new solicitor and counsel (Messrs Zaid Ibrahim Suflan TH Liew & Partners (Zist) and Datuk Hisyam Teh Poh Teik) must be fully aware and be prepared to proceed with the appeal since the hearing date was already fixed.
"We will not be here today if Najib did not try to change 'horses' midstream.
"And they change it too near to the hearing date," he said.
Earlier, Sithambaram said in criminal proceedings, the procedure concerning a counsel discharging him or herself from representing a client was not legally provided.
However, the senior prosecutor said the discharging of a counsel in criminal proceedings must be with the consent and order of the court.
"One cannot simply change lawyers to those who were not willing to proceed with the scheduled hearing or this would open the 'floodgates' for others to seek adjournment.
"This will lead to problems in the administration of justice," Sithambaram said.
On July 26 last year, Najib replaced his long-time counsel, Tan Sri Muhammad Shafee Abdullah, with Zist and Hisyam as lead counsel to handle his final appeal at the apex court.
Shafee had all this while been leading Najib's defence team in the SRC International case right from the time the former Umno president was charged in 2020.
However, Hisyam during the hearing, informed the court that he wished to discharge himself after the court dismissed his request for an adjournment as he was not ready to proceed with the appeal hearing.
The panel hearing the appeal at the Federal Court led by Chief Justice Tun Tengku Maimun Tuan Mat dismissed Hisyam's request as he failed to show adequate cause to discharge himself.
Najib, 70, is seeking a review of the Federal Court's decision to reject his application to adduce fresh evidence relating to High Court judge Datuk Mohd Nazlan Mohd Ghazali.
He is also seeking a review of the court's decision to dismiss his bid to postpone his appeal hearing as well as the decision to recuse Tengku Maimun.
He is seeking a review of the court's decision on Aug 23 last year on his conviction and sentence.
Najib was found guilty of abuse of power concerning a RM4 billion loan given by Retirement Fund Inc to SRC between August 2011 and March 2012.
He was also convicted of criminal breach of trust and money laundering involving RM42 million worth of SRC funds between Dec 26, 2014, and Feb 10, 2015.