Najib's final SRC appeal: Federal Court denies Hisyam's oral application to discharge self


PUTRAJAYA: The Federal Court denies Hisyam Teh Poh Teik's oral application to discharge himself as the lead counsel for former prime minister Datuk Seri Najib Razak in the SRC International Sdn Bhd appeal.

After more than an hour of deliberation, the five-member panel returned to the court room to give its decision on Hisyam's application here on Thursday (Aug 18) morning.

ALSO READ: Najib's final SRC appeal: Lead defence counsel applies to discharge himself

"We have taken some time to deliberate because of the ramifications," Chief Justice Tengku Maimun Tuan Mat said.

The panel noted that the court has a responsibility to protect the rights of the accused persons within the judicial system.

ALSO READ: Najib and lawyers shocked by double rejection

Where the withdrawal of counsel interferes with the efficiency and proper functioning of the court, the court has the discretionary authority to deny the application to discharge, the Chief Justice said.

The second principle for consideration was that the counsel may discharge upon showing adequate reason to discharge.

ALSO READ: Najib's final SRC appeal: Bid to postpone hearing fails

"We are of the unanimous view that in the present factual matrix, counsel (Hisyam) has failed to disclose adequate cause.

"Therefore, the application to discharge is refused and counsel remains on record in the interest of justice," the top judge said.

ALSO READ: Najib's final SRC appeal: Apex court rejects application to adduce fresh evidence

She then asked Hisyam if he wanted to submit anything further, to which Hisyam said, "no".

CJ: Can you confirm if you don’t have anything to say on the 94 grounds of his (Najib) petition of appeal?

Hisyam: I've got nothing to say.

When asked if the defence was relying on its submissions from the Court of Appeal in relation to the findings of the High Court, Hisyam answered in the affirmative.

"As this appeal is a matter of public interest, we will invite the public prosecutor to submit first with the view of providing the appellant with more time to prepare for this appeal," the CJ said.

The appeal proper begins with lead prosecutor Datuk V. Sithambaram making his arguments.

Article type: free
User access status:
Subscribe now to our Premium Plan for an ad-free and unlimited reading experience!

Najib Razak

   

Next In Nation

U Mobile introduces 1TB monthly postpaid plan for RM98
Najib's 'many hats' enabled him to commit SRC offences, Federal Court hears
Man, 50, nabbed for assaulting teenage daughter
Three get eight months' jail, RM1,000 fine each for beating up Pahang tahfiz teacher
Set up health services commission to give authorities autonomy for job postings, suggests KJ
Najib's final SRC appeal: Defence says will be filing fresh submissions
Linked treatment plants allows water to be channelled to areas experiencing disruption, says Air Selangor
Tutor facing legal woes after letting so-called friend use bank accounts
Tahfiz fire murder case: Jan 9 set for teenager's appeal hearing
Sabah flag relay to raise awareness on state’s history

Others Also Read