KUALA LUMPUR (June 13): The prosecution is objecting to former premier Datuk Seri Najib Razak’s bid to engage a queen's counsel (QC) to represent him in his final appeal against his conviction in the SRC International Sdn Bhd case.

In an affidavit filed at the High Court sighted by theedgemarkets.com, the prosecution questioned Jonathan Laidlaw QC’s experience in the Malaysian court system. 

Previously, Najib’s lawyer Tan Sri Shafee Abdullah said that Laidlaw should be admitted to practise as an advocate and solicitor of the High Court of Malaya for Najib’s appeal at the Federal Court as he possesses “special qualifications, experience and expertise which is not available amongst advocates and solicitors in Malaysia”.

However, the prosecution contended that the QC does not have certain qualifications under subsection 11(2) of the Legal Profession Act 1976 (Act 166), including Bahasa Malaysia qualifications. 

“The applicant does not have Bahasa Malaysia qualifications as required under subsection 11(2) of Act 166 to succeed in the ad hoc application under section 18 of the act,” the affidavit read. 

The prosecution also argued that the QC has not demonstrated any special qualification and experience in relation to local law and procedure with regards to the charges. 

He has not shown that he has “superior knowledge to argue the appeals before the Federal Court, as compared to local advocates and solicitors”. 

The affidavit also noted that the Malaysian courts have not allowed for an ad hoc admission in criminal cases since 1971. 

“If this honourable court ignored the political standing of the appellant (Najib) in these appeals, then this case is just another criminal matter which does not deserve any special consideration, for the admission of any foreign lawyer to argue these pending Federal Court appeals,” it read. 

Laidlaw has acted in high profile cases such as Radovan Karadzic's case in The Hague, the Edward Snowden leaked sensitive papers case before the Divisional Court, a cricket match-fixing trial, as well as for Rebekah Brooks in the News International phone-hacking trial, and for lawmakers both from the House of Commons and the House of Lords.

He had also represented Dr Agnes Taylor (the ex-wife of Charles Taylor, the former president of Liberia) who faced charges of torture said to have been committed during the first Liberian civil war and whose case went to the UK Supreme Court, and for Operation Kenova and its investigation of the activities of the alleged British military intelligence agent known as "Steak Knife" in Northern Ireland.

However, the prosecution argued that despite his qualifications, Laidlaw does not have any knowledge of the Malaysian criminal justice system. 

“The qualifications of the applicant (Laidlaw) has nothing to do with the said charges, in these appeals and hence the qualification or experience from foreign jurisdiction do not count for ad hoc admission of the applicant to the High Court of Malaysia, especially without any knowledge of the Malaysian criminal justice system,” the affidavit read. 

It also stated that Shafee has special qualification to handle the appeal. 

Therefore, the application to admit Laidlaw to conduct the appeal should be dismissed, the prosecution asserted. 

The High Court has set June 16 for case management in the QC application. 

On July 28, 2020, the High Court sentenced Najib to 12 years in jail and fined him RM210 million after he was found guilty by Justice Datuk Mohd Nazlan Mohd Ghazali of seven charges involving SRC.

The charges included one count of abuse of power involving Retirement Fund Inc (KWAP)’s RM4 billion loans to SRC, three counts of criminal breach of trust involving RM42 million and three counts of money laundering.

The Court of Appeal on Dec 8, 2021 upheld the High Court's decision.

The Federal Court is set to hear the appeal on Aug 15 to 26, with written submissions to be filed by July 31.