KUALA LUMPUR (May 31): Datuk Seri Najib Razak’s lawyer has filed an application to allow a Queen's Counsel (QC) to represent the former prime minister in his final appeal at the Federal Court against his July 2020 conviction.

According to sources close to Najib, the application was filed at the High Court by lawyer Tan Sri Muhammad Shafee Abdullah on Tuesday (May 31).

In the application sighted by theedgemarkets.com, Shafee said the QC from the United Kingdom should be admitted to practise as an advocate and solicitor of the High Court of Malaya for Najib’s appeal as the QC possesses “special qualifications, experience and expertise which is not available amongst advocates and solicitors in Malaysia”.

“The appeal will involve serious, complex and novel issues related to several branches of civil and criminal laws, practice and evidence, the constitutional rights of the appellant (Najib), the conduct of proceedings by the prosecution, the adjudication of criminal cases by a trial court and the administration of the criminal justice system,” said Shafee.

In a supporting affidavit also sighted by theedgemarkets.com, Shafee said Najib wants to appoint the QC to act as lead counsel in the appeal.

“The appellant (Najib) wishes to engage and retain the professional services of the [QC who is] an English barrister pre-eminent in the field of business and financial crimes to act as lead counsel in the appeal,” he said.

He added that no advocate and solicitor in the country has the same degree of accomplishments as the QC.

“I verily believe that the applicant's (QC’s) said accomplishments are of an exceptional degree and excel the measure of accomplishments reached by the advocates and solicitors of Malaysia. I further believe that no advocate and solicitor practising in Malaysia can be said to possess an equal degree of accomplishment, experience and expertise which has been acquired by the applicant,” Shafee said.

The British lawyer in question is Jonathan Laidlaw, who is a defence QC. He 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 acted for 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 (amongst others) of the activities of the alleged British military intelligence agent known as 'Steak Knife' in Northern Ireland.

“He specialises in financial crimes and has consistently been ranked in the UK legal directory as one of their ‘star silks’,” the affidavit read.

“He was also involved in what is widely regarded as the biggest fraud case brought by way of private prosecution in the United Kingdom on behalf of the Allseas Group which resulted in the individual being convicted for fraud involving €100 million,” Shafee said.

Shafee added that Laidlaw presently acts for a number of individuals who are the subject of Serious Fraud Office, Financial Conduct Authority and US Department of Justice investigations for clients such as the Bank of England, Pret a Manger, Chelsea Football Club among others.

He also acts for tennis star Boris Becker in his criminal trial for fraud and insolvency offences in the UK.

Shafee said the Federal Court would benefit from being able to draw upon Laidlaw’s experience in the case.

“It is respectfully suggested that the Federal Court would benefit from being able to draw upon the applicant's experience and counsel in this important, sensitive and constantly evolving area and in circumstances where it is likely that international trial observers will be present at court given the identity of the appellant (Najib) and the profile of the case,” he said.

He added that Laidlaw is eligible to practise as an advocate and solicitor in the Malaysian High Court pursuant to Section 18(1) of the Legal Professions Act 1976.

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 International Sdn Bhd.

The seven charges comprised 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.

On March 16, the Federal Court dismissed Najib's appeal against the Court of Appeal's decision to reject his application to adduce more evidence to the SRC case to overturn his conviction.

Shafee previously said the application for a QC to represent Najib in the SRC case will be initially filed at the High Court.

He said if the application at the High Court is not successful, Najib’s lawyers will appeal at the Federal Court.

They were given a deadline of May 31 by the Federal Court this year to file the application for Laidlaw to be the lead counsel.