KUALA LUMPUR (Aug 29): Messrs Zaid Ibrahim, Suflan TH Liew and Partners, the firm that represented Datuk Seri Najib Razak in his final SRC International Sdn Bhd appeal, has issued a letter of demand against Malaysian Bar president Karen Cheah Yee Lynn for a statement she issued which the law firm claimed was published falsely and maliciously against the firm.
The firm in the letter dated Aug 26 claimed that the false and scurrilous imputations in the statement constitute a grave and serious libel on it.
“By publishing and disseminating the press statement (which was issued to several media) on Aug 19, you intended to and did ensure that it received the most extensive coverage possible. This includes coverage across the entire Malaysian public,” the letter said.
Hence the firm is seeking a retraction of the statement and also an apology within seven days (by Sept 2) from the date of the letter of demand, and if the firm does not receive a positive response in the timeline, it is instructed to initiate legal proceedings.
The firm is also seeking compensation following the statement and an undertaking that Cheah or her agents would not repeat such statements again.
The impugned statement that the firm complained of carry the meaning that
- as senior members of the Malaysian Bar, they deliberately acted unprofessionally by accepting the brief to Najib's case with an improper agenda to abuse the court process;
- as senior members of the Malaysian Bar, they accepted the brief with the ulterior motive of undermining the justice system by resorting to unscrupulous strategies;
- their clients' conduct was designed to pervert the course of justice;
- their conduct to accept the brief was designed to bring the legal profession into disrepute and thereby undermining the dignity of the legal profession;
- as senior members of the Malaysian Bar, they are unprofessional, incompetent, and ignorant of the professional rules of practice and etiquette;
- they had no compunction in abusing the process of court for their own ulterior motives;
- they acted in contempt of court; and
- they are not fit to practise as advocates and solicitors.
The firm had taken over from Messrs Shafee & Co in the final SRC appeal at the Federal Court. On Aug 19, Najib discharged Messrs Zaid Ibrahim, Suflan TH Liew and Partners, and the statement by Cheah was issued thereafter.
The apex court bench led by Chief Justice Tun Tengku Maimun Tuan Mat had affirmed the High Court's findings that the former prime minister was guilty on all seven charges he faced as well as the Court of Appeal's decision to uphold the High Court's findings.
The charges Najib is convicted of are one count of abuse of power with regard to the Retirement Fund Inc's (KWAP) RM4 billion loan to SRC, and three counts each of criminal breach of trust and money laundering of RM42 million of the company's funds.
Hence, Najib is serving his sentence — 12 years' imprisonment — since last Tuesday (Aug 23), and a RM210 million fine that has yet to be paid.