The apex court was hearing Najib’s application for leave to review the dismissal of his appeal on Aug 23 last year, and for another Federal Court bench consisting of at least seven judges to rehear the case.
Najib’s lead counsel, Shafee Abdullah, said the Federal Court’s decision to deny senior lawyer Hisyam Teh Poh Teik’s application to discharge himself from acting for the former prime minister shortly before the hearing of the appeal commenced was akin to a “forced representation”.
Shafee said Hisyam had on Aug 18, 2022 informed a five-member panel led by Chief Justice Tengku Maimun Tuan Mat he wished to discharge himself from acting for Najib.
Hisyam said he did not have sufficient time to prepare for the appeal after his application to postpone the hearing was rejected.
He had sought a postponement of “three to four months” to enable him to prepare his case, but the panel of judges refused the request and ordered him to continue to represent Najib until the conclusion of the hearing.
Hisyam had been appointed as lead counsel for Najib less than one month earlier, on July 25, with the law firm of Zaid Ibrahim Suflan TH Liew & Partners appointed as solicitors, in place of Shafee and his firm, Shafee & Co.
The refusal to postpone the hearing left Hisyam “unduly shackled” when representing Najib as it left him with insufficient time to prepare, Shafee told the court.
“(Najib’s) personal liberty was very much at stake because he had a 12-year imprisonment sentence hanging over his head and an unprecedented colossal fine of RM210 million,” he said.
The hearing continues before a five-judge panel headed by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.
Also on the panel are Justices Vernon Ong, Rhodzariah Bujang, Nordin Hassan and Abu Bakar Jais.
On July 28, 2020, Najib was convicted by Justice Nazlan Ghazali, then a High Court judge, of abuse of power, money laundering and criminal breach of trust charges over SRC funds amounting to RM42 million.
His appeal to the Court of Appeal was dismissed on Dec 8, 2021.
He was sent to Kajang prison to begin his prison term immediately following the Federal Court’s dismissal of his final appeal.
The former prime minister filed a motion to review the ruling last year on grounds that the court had breached the principles of natural justice, including his right to fair trial and to counsel.