KUALA LUMPUR: A foreign lawyer who lacks knowledge of domestic criminal laws and procedures could not possibly have special qualifications or experience applicable to the RM42mil SRC International Sdn Bhd appeal at the Federal Court, the prosecution says.

       In an affidavit-in-opposition, the prosecution contended it was "strange" that there were no local lawyers to defend the said charges faced by Datuk Seri Najib Razak when the Pekan MP's lead counsel Tan Sri Muhammad Shafee Abdullah himself and his team defended the appellant (Najib) from the High Court to the Federal Court.

       The affidavit, affirmed deputy public prosecutor Mohd Ashrof Adrin Kamarul, was filed to oppose an application by British lawyer Jonathan Laidlaw who is seeking to be admitted as a lawyer in Malaysia for him to appear as lead counsel Najib's final appeal in the SRC International case at the Federal Court.

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       The affidavit was filed on Sunday (June 12) and was made available to the press on Monday (June 13).

       Mohd Ashrof said Muhammad Shafee and his team had handled the SRC case including various interlocutory matters, the said charges at the trial and substantive appeal from the High Court to the Federal Court over the last three years.

       "It is thus an irony to say that there are no local lawyers with special qualification or experience when compared to the applicant to defend these charges when the applicant himself (Laidlaw) has no experience in arguing these charges before the Malaysian courts.

       "It is hard to fathom how the applicant, being a stranger to domestic law, is more equipped and qualified than senior local criminal lawyers including Muhammad Shafee who regularly appears before all tiers of the Malaysian courts to argue similar cases as the said charges," he added.

       ALSO READ: Queen's Counsel Jonathan Laidlaw applies to appear as Najib's lawyer in SRC appeal

       DPP Mohd Ashrof also stated that Laidlaw does not have the Bahasa Malaysia qualification as required under Subsection 11(2) of the Legal Profession Act 1976.

       On the issue that a Queen's Counsel (QC) could help with novel issues in the appeal, the prosecutor said those issues, though possibly deemed "novel", were not difficult and have been carefully deliberated by the learned trial judge and subsequently further deliberated and affirmed by the Court of Appeal.

       "Therefore it is erroneous to claim that these issues remain novel or complex in light of the findings of the learned trial judge as found and affirmed by the Court of Appeal," said Mohd Ashrof.

       He further contended that the application was unmeritorious and ought to be summarily dismissed.

       On May 31, Laidlaw filed a notice of originating motion through Messrs Shafee & Co at the High Court for his admission as a lawyer in Malaysia.

       It said that Najib, as the appellant, had sought to engage the professional services of the applicant (Laidlaw) to act as lead counsel in the appeal.

       "For the purposes of the appeal, the applicant possesses special qualifications, experience and expertise which is not available amongst advocates and solicitors in Malaysia," it stated.

       It further said that Laidlaw was eligible and qualified to be admitted and enrolled to practise as an advocate and solicitor of the High Court of Malaya pursuant to Section 18(1) of the Legal Professions Act 1976 to appear as counsel for Najib in the appeal and all other causes or matters related to it.

       On Jan 25, Messrs Shafee & Co submitted a six-page letter to the secretariat of Chief Justice Tun Tengku Maimun Tuan Mat on Najib’s intention to appoint a QC to assist Najib in complex issues and legal questions in his SRC appeal at the apex court.

       The appointment will be on an ad hoc basis after obtaining admission from the Malaysian court.

       Najib's appeal will be heard in August as the Federal Court has fixed a 10-day period from Aug 15 to 19 and 22 to 26.

       On July 28, 2020, Justice Mohd Nazlan Mohd Ghazali (now a Court of Appeal judge) convicted and sentenced Najib on seven charges involving criminal breach of trust, money laundering and abuse of position, involving SRC funds, totalling RM42mil.

       He was sentenced to 12 years' jail and a fine of RM210mil.

       On Dec 8, the Court of Appeal upheld Najib’s conviction, 12-year jail sentence and RM210mil fine for misappropriating RM42mil belonging to SRC International.