KUALA LUMPUR, Aug 10 — British lawyer Jonathan Laidlaw today failed to convince Malaysia’s highest court to admit him into the country as an advocate and solicitor to represent former prime minister Datuk Seri Najib Razak in the SRC International Sdn Bhd (SRC) criminal case.
A three-judge panel at the Federal Court unanimously ruled to dismiss the application by the UK King’s Counsel (KC), saying the matter was now moot since Najib had lost his final appeal and is now serving his 12-year jail sentence.
In the ruling, Federal Court judge Datuk Zabariah Mohd Yusof who chaired the panel said the matter is now an academic issue as the purpose of admitting the KC was so the latter could act for Najib in the SRC criminal proceedings.
Najib lost his application for the Federal Court to review his SRC conviction, custodial sentence and fine for misappropriation of RM42 million in SRC International funds on March 31.
“With the disposal of the appeal and review, the purpose of the application by Laidlaw is academic now.
“Hence the notice of appeal against the High Court's decision is also academic,” Zabariah said in today’s hearing that was conducted through Zoom.
The other two judges on the bench were Federal Court judges Datuk Nordin Hassan and Datuk Abu Bakar Jais.
Laidlaw, who was represented by Tan Sri Muhammad Shafee Abdullah, had earlier argued the need to appeal against the court for refusing his client's admission to “rectify” the High Court’s ruling.
“Because he is declared not qualified and this affects his reputation,” Shafee said while arguing for Laidlow earlier.
Laidlow has gained a name as a “star silk” in handling financial crimes. The term “silk” for UK lawyers originates from the silk gowns of a particular design and “star” denotes their exceptional experience and knowledge in the legal profession.
“I am saying the appeal has got to be heard in order to do justice to the applicant because the findings of the High Court were wrong.
“We have to correct the court's finding in relation to his expertise so Laidlaw's reputation is intact,” Shafee argued.
According to the Law Society, an independent professional body for solicitors in England and Wales, KCs are from classes of lawyers called barristers or solicitor advocates who have been recognised for their excellence.
KCs are often seen as leaders in their area of law and generally take on more complex cases that require a higher level of legal expertise.
Having KC status is one of the highest honours a solicitor can attain in the higher courts of England and Wales.
Representing the Malaysian Bar, lawyer Datuk Bastian Pius Vendargon said that nowhere in the entire High Court's grounds of judgment had it indicated that doubt has been cast against Laidlaw's reputation as a “star silk”.
“The subject matter of the appeal has been rendered academic by virtue of disposal of the criminal appeals by the Federal Court and the appellant is pursuing this appeal merely to vindicate the position of Laidlaw,” he said.
Kuala Lumpur Bar committee’s lawyer Datuk Gurdial Singh Nijar said he was astounded by the extraordinary stance taken by Laidlaw's counsel to clear the latter's reputation as KC as justification for the appeal to be allowed.
Gurdial also said since Najib's SRC International case has come to a finality, there is no need for Laidlaw to be admitted as legal counsel in Malaysia.
Two other respondents, senior federal counsel Shamsul Bolhassan representing the Attorney-General's Chambers and lawyer Datuk V. Sithambaram representing the Public Prosecutor who was earlier allowed to be included as an intervener, adopted a similar argument.
The public prosecutor, who was not named as a respondent in Laidlaw's appeal, had filed an intervener application to be included as the fourth respondent on grounds that it was a party in the proceedings at the High Court, but was unilaterally dropped in the appeal.
Laidlaw also failed in his bid to recuse two Federal Court judges from hearing his appeal on grounds that both had heard Najib’s application for the Federal Court to review his conviction and sentence in March.
Shafee had argued that review touched on several issues which relate to the present appeal.
Najib is currently serving his sentence in Kajang Prison.
