PUTRAJAYA: The previous Federal Court panel was likely to be unfair to Datuk Seri Najib Tun Razak when it heard and dismissed his appeal against conviction and sentence in the SRC International Sdn Bhd case when he was not legally represented, says the sole dissenting judge.
PUTRAJAYA: The previous Federal Court panel was likely to be unfair to Datuk Seri Najib Tun Razak when it heard and dismissed his appeal against conviction and sentence in the SRC International Sdn Bhd case when he was not legally represented, says the sole dissenting judge.
He said there is no question that the former prime minister was charged with serious offences but it was important for an accused person to be legally represented to guarantee fairness of his trial or the appeal process. Justice Abdul Rahman said it was only in exceptional cases that the trial or appeal should proceed without legal representation but in the present case, nothing exceptional has been shown to justify the hearing of the main appeals without legal representation.
"His Lordship was speaking in the context of the power of an appellate court in hearing an appeal from the decision of the trial court but I see no valid reason in law why it should not apply to an application for review under Rule 137 of the Federal Court Rules 1995, as the whole purpose behind the Rule is to prevent injustice to any person who is left with no other effective remedy,” said the judge.
Justice Abdul Rahman further said that the earlier panel was also wrong in preventing Datuk Hisyam Teh Poh Teik from discharging himself from acting as counsel for Najib. Touching on the application for an adjournment of three to four months of the main appeals hearing by the applicant, Justice Abdul Rahman said it must therefore be taken to have been made in good faith and not a ploy or strategy by him to delay the hearing of the main appeals as alleged by the prosecution.
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