Lawyer Shafee Abdullah said the decision by the previous panel to reject applications by Najib’s then lead counsel, Hisyam Teh Poh Teik, first to adjourn the hearing of the appeal proper and later to discharge himself as counsel, had denied Najib a fair hearing.

This was because the court’s decisions compelled an “ineffective” counsel to defend an accused person, he said.

Shafee said it was unfair for the Federal Court to blame Najib for changing lawyers before his final appeal.

The appeal panel had also “breached the law” in barring Hisyam from discharging himself, he said.

“There is nothing wrong with him (Hisyam) asking for an adjournment because he required time (to prepare),” he said at the hearing of Najib’s application for the apex court to review its decision in the appeal.

Shafee also told the court the defence is pursuing another appeal seeking the admission of British lawyer Jonathan Laidlaw, a King’s Counsel, to argue the SRC review bid provided leave is granted.

On March 15, the Federal Court will hear applications by the Malaysian Bar, the Kuala Lumpur Bar Committee and the Attorney-General’s Chambers’ (AGC) to strike out Laidlaw’s appeal.

The applications claim that the British lawyer’s appeal became academic after the court dismissed Najib’s SRC appeal last year.

The leave hearing continues tomorrow before a five-judge panel, headed by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.

The other judges are Justices Vernon Ong, Rhodzariah Bujang, Nordin Hassan and Abu Bakar Jais.

Najib is currently serving a 12-year jail term after his conviction and sentence in the SRC case were upheld by the Federal Court.

Last year, he filed a motion to review the ruling on the grounds that the court had breached the principles of natural justice, including his right to a fair trial and to counsel.