KUALA LUMPUR: London-based lawyer Jonathan Laidlaw, who is seeking to represent Datuk Seri Najib Razak in his final appeal in the SRC International Sdn Bhd case at the Federal Court, has experience that no local counsel can match.
Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said this was based on Laidlaw's accomplishments.
He said Laidlaw was appointed as Junior Treasury Counsel in 1995, Senior Treasury Counsel in 2000 and First Senior Treasury Counsel in 2008.
"Treasury Counsels are specialist criminal advocates who prosecute the most serious and complex cases in the United Kingdom (UK).
"During his 15 years in those roles, he was involved in the most legally and factually complex and serious criminal cases in the UK, gaining an almost unrivalled experience," he said in his affidavit in support over Laidlaw's application to seek the High Court's permission to argue the SRC International case on an ad hoc basis.
Shafee said Laidlaw is specialised in business and financial crimes and has consistently been ranked by the UK legal directories as one of their "star silks".
He said Laidlaw was also a previous recipient of the Chambers and Partners "Crime Silk of the Year" award.
"It has been said that he is an extraordinarily able advocate with great style who can deal with the most difficult of cases with greatest of ease.
"He has lethal cross-examination skills and a mean way of closing speeches," he said, adding that Laidlaw was featured in the Sunday Times / Debretts list of the 500 most influential people in Britain recently.
Shafee said Laidlaw has appeared for a large number of corporate clients which include Texaco, Gulf, BOC, Ford, Southern Cross, Esso, BHP Billiton, and Flour.
"The applicant has appeared for both corporations and its directors in cases involving corporate criminal liabilities.
"The applicant was also involved in what is widely regarded as the biggest fraud case brought by way of private prosecution in the UK on behalf of the Allseas Group which resulted in the individual being convicted of fraud involving £100 million," he said.
He said the proceedings involving Najib has and will continue to attract signifiant public and media interest.
"The learned trial judge himself acknowledged that there were several novel points of law which had never been decided by the Courts in Malaysia.
"The appeal, being the culmination of the proceedings against the appellant, will involve serious, complex, and/or novel issues related inter alia to branches of criminal and civil laws.
"The appellant (Najib) wishes to engage and retain the professional services of the applicant, an English barrister pre-eminent in the field of business and financial crimes to act as lead counsel in the appeal," he said.
Shafee said the Federal Court would benefit from being able to draw upon the applicant's experience and counsel in this important, sensitive and constantly evolving area
"Laidlaw's experience and expertise particularly his involvement in both prosecution and defence in substantial number of criminal cases places him in a unrivalled position to address the Federal Court on the issues relating to the impugned conduct of the prosecution and the constitutional rights of the accused person," he added.
On Dec 8 last year, the Court of Appeal upheld the conviction and 12 years' jail term and RM210 million fine on Najib for misappropriating RM42 million in SRC funds.
The High Court convicted Najib over all the seven charges of criminal breach of trust, power abuse, money laundering, in relation to SRC International's RM42 million.
The Federal Court is scheduled to hear Najib's appeal for 10 days from Aug 15 to 26.