He said they were handicapped in terms of audio and video when the proceedings were held to hear the ex-prime minister’s application to include fresh evidence in the case.
“Where is the justice when you compel us to attend the hybrid proceedings?” he said at a virtual press conference.
Shafee said the hybrid proceedings would certainly be grounds for the appeal when Najib filed his petition after getting the full records from the Court of Appeal.
On Dec 7, the prosecution team led by ad hoc prosecutor V Sithambaram made submissions before a three-member Court of Appeal bench while Shafee presented his case from his home.
Najib followed the hearing of the application from his home after the bench refused a postponement earlier in the day.
Shafee sought to vacate the hearing and pronouncement of the appeal verdict due to a staff at his law firm having tested positive for Covid-19 after three different tests.
This was after a mother of another lawyer in Najib’s legal team tested positive for Covid-19, which led to all counsel at Shafee & Co screening themselves as well.
Shafee today said Sithambaram had the advantage of appearing physically before the judges – Abdul Karim Abdul Jalil, Has Zanah Mehat and Vazeer Alam Mydin Meera.
“I could not hear one of the judges when making my submission and, at times, the image on the screen was blurry,” he added.
Shafee categorically said a virtual or hybrid proceeding was not feasible for criminal matters although the Courts of Judicature Act was amended to conduct cases during the Covid-19 period.
“I hope the Bar Council will take a stand on this matter as it is a public interest issue,” he added.
Karim dismissed Najib’s application to include fresh evidence.
The following day, the same bench also affirmed Najib’s conviction and sentence imposed by the High Court last year in relation to RM42 million belonging to SRC International.
They also upheld the 12-year jail sentence and RM210 million fine for seven counts of corruption.
Shafee said he was glad that High Court judge Collin Lawrence Sequerah, who is presiding over the 1MDB corruption trial, interpreted the (Courts of Judicature) Act correctly to dismiss the prosecution’s application to hold a hybrid proceeding on Tuesday.
“However, the judge asked us (Najib and the defence team) on Monday to attend court despite our Covid status as being close to a person down with the virus,” he added.
Lawyer Hariharan Tara Singh stood in for Shafee in the case yesterday as Shafee’s MySejahtera status showed orange.
“The trial went on though I was not there. It would have been ideal for me to conduct the cross-examination of the prosecution witness but I could not be there,” he added.
Shafee said Sequerah may be under pressure to complete the 1MDB case as the SRC trial concluded last year and the appeal was disposed of last week.
“At times he had to postpone the 1MDB trial. Maybe he is under pressure because this case started in August 2019,” he said.
So far only 10 of the estimated 50 prosecution witnesses have taken the stand.
Shafee, who is also a former Bar Council member, said the court seemed to rush cases of “VIPs who were out on bail”.
“Those who are charged with drug trafficking and denied bail languish in prison between two and four years before their trial starts.
“The justice system should give preference to them and not expedite cases of VIPs who are out on bail. This is unfair,” he added.
We are live on Telegram, subscribe here for breaking news and the latest announcements.