PUTRAJAYA: The Federal Court here today dismissed lawyer Hisyam Teh Poh Teik’s application to recuse himself from representing Datuk Seri Najib Tun Razak in his final appeal to quash his conviction and sentence for misappropriation of RM42 million belonging to SRC International Sdn Bhd funds.
A five-member panel led by Chief Justice Tun Tengku Maimun Tuan Mat unanimously denied the former premier’s lead counsel’s request.
“We are of the unanimous view that in the present factual matrix, the counsel has failed to disclose the adequate cause.
“Therefore the application to discharge is refused and counsel remains on record in the interest of justice,” she said.
Justice Tengku Maimun: You (Hisyam) want to submit further? Can you confirm if you don’t have anything to say on the 94 grounds of his (Najib) petition of appeal?
Justice Tengku Maimun: So are you relying on the submissions from the Court of Appeal in relation to the findings of the High Court?
Hisyam: I have nothing to say.
The Chief Justice then ordered the prosecution led by ad hoc prosecutor Datuk V. Sithambaran to submit.
Earlier, Hisyam who was appointed by Najib as his new lead counsel on July 26 replacing Tan Sri Muhammad Shafee Abdullah sought to recuse himself from representing the former prime minister as he needed more time because he was not prepared for the case.
On July 28, 2020, the then High Court Judge Datuk Mohd Nazlan Mohd Ghazali, who is now a Court of Appeal judge, sentenced Najib to 10 years’ jail on each of the three counts of criminal breach of trust (CBT) and each of the three counts of money laundering, and 12 years’ jail and a RM210 million fine, in default five years’ jail, in the case of abuse of position.
Last year, the Court of Appeal upheld the High Court’s decision and dismissed Najib’s appeal to set aside his conviction and jail sentence as well as the fine.