PUTRAJAYA — Former Malaysian Prime Minister Najib Razak's lead counsel on Monday (Feb 20) argued that his client was virtually left unrepresented in his final attempt to overturn the 12-year jail sentence and RM210 million (S$63.7 million) for misappropriation of SRC International funds.

Mr Muhammad Shafee Abdullah said Najib's then lead counsel, Mr Hisyam Teh Poh Teik, was merely a "decoration" during the proceedings as he was not allowed to discharge himself.

Mr Shafee said the top court made a fundamental error by forcing Mr Hisyam to remain on board representing Najib at that time.

"You cannot force the counsel to carry on the case if he cannot… it is fundamentally wrong.

"His (Hisyam) presence during the hearing was decorative and not sanctioned by law.

"The court has no power to enforce that... this is a reviewable decision," Mr Shafee said.

Mr Hisyam during the hearing informed the court that he wished to discharge himself after the court dismissed his request for an adjournment as he was not ready to proceed with the appeal hearing.

However, the panellists led by Chief Justice Tengku Maimun Tuan Mat dismissed Mr Hisyam's request as he failed to show adequate cause to discharge himself.

Mr Shafee said that the Federal Court's decision to continue with the proceedings had "punished" his client by incarcerating him in prison.

He said Mr Hisyam at the outset of the trial admitted that it was his fault to apply for adjournment because he had misjudged the timing when he decided to take the case.

"The Federal Court should allow Hisyam to be discharged as he admitted that he was totally ineffective in the appeal.

"He admitted that it was his fault (for the adjournment) because he misjudged the timing when he decided to take the case.

"So why punish my client?" he said, adding that Mr Hisyam would breach his professional obligation if he continued conducting the hearing.

Mr Shafee added the Federal Court's decision of not allowing Mr Hisyam to discharge himself and the adjournment had jeopardised Najib's natural justice and rights.

"Najib's appeal at the Federal Court became ex-parte because only the respondent counsel was heard," he said. "It cannot be a fair trial because you must hear the person who brought the appeal."

The hearing continues tomorrow.

Najib, 70, is seeking a review of the Federal Court's decision to reject his application to adduce fresh evidence relating to the High Court judge Mohd Nazlan Mohd Ghazali.

He is also seeking a review of the court's decision to dismiss his bid to postpone his appeal hearing as well as the decision to recuse Chief Justice Tengku Maimun.

He is also seeking a review of the court's decision on Aug 23 last year, to affirm his conviction and sentence.

The former prime minister was found guilty of abuse of power in relation to a RM4 billion loan given by Retirement Fund (Inc) (KWAP) to SRC between August 2011 and March 2012.

He was also convicted of criminal breach of trust and money laundering involving RM42 million of SRC funds between Dec 26, 2014 and Feb 10, 2015. NEW STRAITS TIMES