“I wish to record my objection in the strongest of terms of this appeal proceeding today, where my rights to life, liberty and a fair hearing are at stake,” he told reporters.
“As you know, my counsel has indicated he is unwilling to continue because (his team has) had very limited time to prepare… Unfortunately, the court didn’t allow (him to do so).”
Earlier, Chief Justice Tengku Maimun Tuan Mat, heading a five-member panel, had said the court was of the unanimous view that Hisyam had “failed to disclose adequate reasons” to justify his recusal bid. She went on to direct that he continue to represent Najib in the appeal.
As Hisyam was not in a position to make any oral submissions, he agreed to rely on submissions filed by Najib’s previous solicitors in the courts below. The chief justice then called for ad hoc prosecutor V Sithambaram to make his oral arguments.
The Pekan MP said this effectively left him without counsel and meant that he was not able to put forward his defence before the court. Only the prosecution was able to submit their case, he said.
He added that it was “totally unprecedented” for an accused in such a high profile criminal case to be effectively left without legal representation.
“This is a very serious matter. I hope the court will take this into account and take remedial measures at some point in time,” he said.
Hisyam told reporters that he could not see how he could meaningfully carry out his duties as Najib’s lawyer, given the short space of time in which he was required to prepare for the hearing. Hisyam was only appointed less than a month ago.
“So, under these circumstances, I cannot play an effective role. In essence, Najib has no legal representation,” he said.
Proceedings began on a dramatic note earlier with Najib’s lead counsel apologising to the court and asking to be discharged as he was unable to prepare arguments in time to present them.
Hisyam had previously told the court that he required three or four months to prepare for the appeal.
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