Crime & Courts

Dissenting judge: It is unfair for Najib to pay the highest price for mistakes made by his lawyer

PUTRAJAYA: The sole dissenting judge in Datuk Seri Najib Razak's SRC International appeal hearing today said it was unfair for the former prime minister paying the highest price for the mistakes done by his counsel.

Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli said Najib's then lawyer (Datuk Hisyam Teh Poh Teik) had been denied an opportunity to submit as the latter said he was unprepared to do so after taking on the case at the last minute.

He said the counsel did not submit after informing the panel of judges that he was unprepared to do so.

Rahman said this led to only one party submitting before the earlier panel - which is the Deputy Public Prosecutor (DPP).

"The applicant was not heard at all. The applicant is at a great and substantial injustice.

"He was at a disadvantaged state, as he was not represented during the appeal.

"Hence, the conviction against the accused should be quashed as there is no legal representation," he said.

 

Rahman said what happened at the appeal hearing demonstrated the importance of legal representation for an accused.

He said nothing had been shown to justify that the applicant should not have been granted an adjournment as he was without legal representation during the appeal.

"Hence, the application for review for the adjournment must be granted," he said.

Rahman was the sole dissenting voice in the five member panel's decision to reject Najib's application for a review of his conviction and sentence.

The bench in a 4 to 1 decision, rejected Najib's appeal after ruling that he was actually the author of his own misfortune for the way his appeal hearings had gone.

The other member of the bench were Federal Court judge Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang, Datuk Nordin Hassan and Court of Appeal judge Datuk Abu Bakar Jais.

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