Najib discharges part of his legal team amid final appeal

Malaysia's former premier Najib Razak yesterday discharged part of his defence team in the midst of a hearing for his final appeal against a graft conviction - the second time he has discharged counsel in just two months.

Najib, who is facing 12 years in jail should he fail to overturn his conviction, discharged Zaid Ibrahim Suflan TH Liew & Partners (Zist) less than a month after hiring the firm led by former de facto law minister Zaid Ibrahim.

This was conveyed to Malaysia's highest court - the Federal Court - by Najib's lead counsel Hisyam Teh Poh Teik, who runs a separate law firm.

Mr Hisyam attempted to discharge himself as Najib's lawyer on Thursday, only for his application to be rejected by the court, which used its discretion to prevent Najib from being left unrepresented.

The prosecution concluded its submissions yesterday, the second day of Najib's final appeal hearing, which is scheduled to run till Aug 26. Najib's defence lawyers will have the opportunity to present counter-arguments next Tuesday when the hearing resumes.

If they choose not to make any oral submissions, the hearing could conclude, leaving the five-member Federal Court bench led by Chief Justice Tengku Maimun Tuan Mat to deliver a decision.

Mr Hisyam told the court yesterday that he will not make any submissions next Tuesday, after making another attempt to adjourn the court until next Thursday, citing another ongoing trial at the High Court where he is representing Umno chief Ahmad Zahid Hamidi, a Najib ally.

The Chief Justice said that the judges have already ruled to push ahead with the hearing, and that the panel "will deal with (the) matter" of the defence team's refusal to make submissions next Tuesday when the court reconvenes.

Lead prosecutor V. Sithambaram told the court that according to precedent, the court can opt to dismiss the appeal outright if Najib's defence lawyers, as the appellants, do not make any submissions.

Mr Hisyam was hired to lead Najib's defence team after Zist took over the brief, and was supposed to helm a team of lawyers from both firms. Only three lawyers were present from Najib's defence team yesterday, all of them from Mr Hisyam's firm.

Najib discharged his long-time lawyer Shafee Abdullah last month before hiring Mr Zaid.

His new team has applied - and failed - to seek adjournment three times to buy more time to prepare fresh arguments; it has also failed twice to introduce new evidence.

The lawyers opted not to make opening oral arguments in court on Thursday, and Mr Hisyam said he would not make fresh written submissions unless granted an adjournment, only to be told off by a judge.

The Malaysian Bar yesterday said it was "aghast" at the developments at the Federal Court and the conduct of Najib's defence team.

In a statement, Malaysian Bar president Karen Cheah Yee Lynn said that according to the Legal Profession Rules, lawyers should not take up a case unless they are reasonably certain of being able to appear and represent their clients on dates fixed by the court.

"The various attempts to undermine the justice system through such unscrupulous strategies are a perversion of our justice system and an abuse of the court process," Madam Cheah said.

"The advocates and solicitors involved in such acts have conducted themselves unprofessionally and would have to face disciplinary action."