6/28/22, 11:10 PM Malaysian Bar objects to Queen’s Counsel in Najib’s SRC appeal | Free Malaysia Today (FMT)

Malaysian Bar objects to Queen’s Counsel in Najib’s

SRC appeal
By Bernama - June 28, 2022 9:44 PM

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The Malaysian Bar says UK Queen’s Counsel Jonathan Laidlaw does not have the special qualifications or experience in the Malaysian
legal system. (2HareCourt pic)

KUALA LUMPUR: The Malaysian Bar has objected to an application for UK Queen’s Counsel
Jonathan Laidlaw to represent Najib Razak in his final appeal involving the misappropriation of
RM42 million belonging to SRC International Sdn Bhd.

Its secretary, B Anand Raj, said in an affidavit filed yesterday that Najib’s current lawyer, Shafee
Abdullah, possessed more experience and qualifications than Laidlaw and that there were over
20,000 other experienced lawyers in Malaysia for the former prime minister to choose from.

He said Shafee possessed extensive knowledge and vast experience as he had appeared and
argued numerous cases involving criminal legal provisions and charges related to the Pekan MP’s
appeal.

“The fact that Muhammad Shafee and his legal team have been involved in the subject case and
are familiar with the charges and the statutory provisions involved from inception, it is the
considered view of the Malaysian Bar that Muhammad Shafee himself possesses greater
experience and qualifications in respect of the issues pending in the appeal, more so than the
applicant (Laidlaw),” he said.

Anand pointed out that it was only in the early years after Malaysia attained independence from
the UK in 1957 when there was a limited number of local lawyers that there was some need for
assistance from a QC and other foreign experts.

“Today, in 2022, 65 years post-independence, the Malaysian Bar has grown in strength,
quantitatively and qualitatively. We have 21,659 advocates and solicitors who are in possession of
a valid Annual and Practicing Certificate as of June 27, 2022.

“There are many advocates and solicitors with subject matter expertise and experience in criminal
defence litigation up to the highest appellate tiers.

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6/28/22, 11:10 PM Malaysian Bar objects to Queen’s Counsel in Najib’s SRC appeal | Free Malaysia Today (FMT)

“A perusal of the applicant’s (Laidlaw) qualifications and experience as set out in the said affidavit
(by Shafee) reveals that he is an eminent QC in the UK and has a varied and extensive experience
in various jurisdictions.

“He does not, however, have the special qualifications or experience in the Malaysian legal system,
the Malaysian criminal system and in other related jurisprudence required for the appeal,” he said.

He added that Laidlaw had not demonstrated any familiarity with Malaysia’s evolving local
statutes, practices and procedures since it gained independence.

The application for the QC’s admission will be heard at the High Court here on July 6 before judge
Ahmad Kamal Md Shahid.

On Jan 25, the legal firm Messrs Shafee & Co submitted a letter to the Secretariat of Chief Justice
Tengku Maimun Tuan Mat on Najib’s intention to appoint a QC to assist him on complex issues and
legal questions in the appeal of the SRC case in the Federal Court.

The Federal Court has set 10 days in August to hear Najib’s appeal against his conviction and jail
sentence for misappropriation of the company’s funds.

On Dec 8 last year, the Court of Appeal upheld the conviction and 12-year prison sentence as well
as a RM210 million fine imposed on Najib for misappropriating RM42 million in SRC funds.

Justice Abdul Karim Abdul Jalil, who presided with fellow judges Has Zanah Mehat and Vazeer
Alam Mydin Meera, unanimously dismissed Najib’s appeal against the High Court decision on July
28, 2020.

The Federal Court is Najib’s final avenue of appeal against his conviction and sentence.

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