PUTRAJAYA: The Federal Court made a "fundamental error" when it enforced that Datuk Hisyam Teh Poh Teik to remain on board as Datuk Seri Najib Razak's lead counsel despite the lawyer wanting to discharge himself due to time constraints, says Tan Sri Muhammad Shafee Abdullah.
He said Hisyam - who represented Najib at the final appeal in the SRC International Sdn Bhd case - was "compelled to remain in court" as though he was representing Najib despite voicing his intention to discharge himself.
This enforced obligation should not have happened, said Muhammad Shafee.
He was making his submissions in Najib's review application in the SRC International case here on Monday.
During the final appeal last August, Hisyam had sought for an adjournment of the proceedings for three to four months as he had only taken over the matter several weeks earlier.
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The five-judge panel, chaired by Chief Justice Tengku Maimun Tuan Mat, however gave a stern 'no' to the request.
Hisyam then refused to make any submission on Najib's behalf up until the Federal Court's decision that affirmed and upheld Najib's conviction and sentence.
"The counsel (Hisyam) said it's not the fault of his client (Najib) but it is his fault because he had misjudged the timing (between taking over the matter and the hearing dates). So why punish my client?" Muhammad Shafee said.
Muhammad Shafee said the apex court should have allowed Hisyam to discharge himself but instead, it enforced the lawyer to remain on the record as lead counsel.
"This goes against every rubric of law and jurisdiction of the court," Muhammad Shafee added.
According to Muhammad Shafee, Hisyam, who was still present during the final appeal proceedings, was in no effect representing Najib as the appellant.
"Hisyam’s representation (of Najib) was decorative at best, illusionary and that is not sanctioned by law, and that is reviewable because that goes against the very root of fair trial," Muhammad Shafee said.
The review application hearing is before a five-judge panel chaired by Chief Judge of Sabah and Sarawak Justice Abdul Rahman Sebli.
Other judges were Federal Court judges Justices Vernon Ong Lam Kiat, Rhodzariah Bujang, Nordin Hassan and Court of Appeal judge Justice Abu Bakar Jais.
Najib is seeking to review the Federal Court's decision of Aug 23, 2022 which upholds the Kuala Lumpur High Court’s decision to convict and sentence him to 12 years in jail and a RM210mil fine in the RM42mil SRC International case.
On Sept 6, last year, he applied for a review of the Federal Court’s decision, claiming a “miscarriage of justice” in his case.
The hearing continues on Tuesday (Feb 21).
