YOURSAY | Najib’s apparent attempt to slow-walk his case

[superadmin]

George Lourdesamy: What a blatant tactical manoeuvre on the part of the accused. The hearing date was fixed months ago. Why the change of lawyers at the eleventh hour when the appeal is fixed for hearing starting on Aug 15 for 10 days?

Why did the new lawyers agree to be appointed when they already would have known that they would have only about 20 days to prepare for the hearing at the Federal Court?

Not only is the request for the adjournment unprofessional and unethical, but it also amounts to gross abuse of process by the accused and his legal team.

Once hearing dates are fixed. parties must be ready to proceed on those dates even if there is a change of lawyers. Otherwise, there will be undue delays in the hearing and completion of cases.

Public interest demands speedy and efficient disposal of cases. It is also in the best interests of the accused, who is on bail and has criminal charges hanging over his head for such a long period of time.

The Federal Court should not countenance this apparently last-minute delaying tactic on the part of the defence.

Previously, an adjournment was sought because of the application to admit a Queen's Counsel to argue the appeal. That application was dismissed by the High Court and an appeal was filed.

Yesterday, a decision was taken to withdraw that appeal and instead there has been a change of lawyers by the accused.

Cumulatively, these acts point to bad faith and an intention to delay the trial for extraneous reasons possibly connected to the next general election.

If the Federal Court allows this adjournment, there is nothing to stop recalcitrant litigants and lawyers from employing similar tactics in future to force an adjournment of a hearing or trial for ulterior motives.

While justice must not only be done but must be seen to be done, it should not be at the expense of the public interest, the waste of public funds and precious judicial time.

Given the seriousness of the charges against the accused and the misuse of public funds amounting to millions of ringgit in SRC International, the balance of justice tilts in favour of refusing the request for the adjournment.

Twenty days is sufficient for the new lawyers to prepare for the appeal, which will be disposed of entirely based on the appeal records already filed in court.

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