Judge Ahmad Kamal Md Shahid ruled that Laidlaw, who is also a Queen’s Counsel (QC), did not satisfy the requirements for ad hoc admission under the Legal Profession Act.
Laidlaw was engaged by Najib to appear in his SRC International final appeal, scheduled to be heard in the Federal Court for 10 days from Aug 15.
The former prime minister had been convicted on seven charges of power abuse, criminal breach of trust and money laundering in relation to RM42 million belonging to SRC International that was deposited into his bank accounts.
The court sentenced him to 12 years in jail and a RM210 million fine. He is out on bail pending his Federal Court hearing.
In delivering the court’s decision today, Kamal said Laidlaw did not possess special qualifications and experience that were unavailable among local lawyers.
“From the perusal of the applicant’s CV, it would indicate that he has no experience of providing legal advice or services here.
“It raises genuine concern and doubt on the admission as to whether the applicant, who does not know local laws, would benefit the local legal fraternity,” he said.
The judge also said that Malaysian lawyers were capable of handling cases involving charges under the Malaysian Anti-Corruption Commission (MACC) Act, the Penal Code and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla).
“This does not justify the need for a QC to be admitted for the purpose of the SRC International appeal,” he said.
He drew similarities between Laidlaw’s case with another concerning Cherie Blair QC.
Blair, the wife of former British prime minister Tony Blair, had been engaged by a company in 2007 to appear before the Federal Court over a commercial dispute.
The Federal Court rejected her admission to appear in that case.
“Similar to Blair’s, he (Laidlaw) did not represent the accused (Najib) in the High Court and Court of Appeal,” Kamal said.
“This raises doubt on the extent the argument raised by him would assist the Federal Court, in the event this ad hoc admission is allowed.”
The court made no order on cost.
Lawyers Shafee Abdullah, Harvinderjit Singh and Rahmat Mohamed Hazlan appeared for Laidlaw in his application, while lawyers Bastian Pius Vendargon and Gurdial Singh Nijar represented the Malaysian Bar and KL Bar, respectively.
Senior federal counsel Shamsul Bolhassan represented the attorney-general, who is a party to the proceedings, while ad hoc prosecutor V Sithambaram and Ashrof Adrin Kamarul appeared for the prosecution in the SRC International case.
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