AUGUST 23 — I wish to address this Honourable Court on my position in this appeal. I am the appellant, yet the same feels illusory. Over the past week, I have watched from the...
AUGUST 23 — I wish to address this Honourable Court on my position in this appeal. I am the appellant, yet the same feels illusory.
Yet, and at no point have I been afforded the opportunity to explain myself nor have I been asked about the circumstances that led us here. It is said that the accused is the most important person in the criminal court, yet I somehow feel mistreated and I feel fair trial has not been accorded to me. It is with this backdrop I felt that a fresh perspective of the case, and to bring in new ideas was warranted and necessary for my final appeal before this court as all and every valiant effort seems not to work. This after all involves my life, nothing less.
Unfortunately, the High Court rejected the QC’s bid to come onboard as my lawyer on the 21st July 2022. I was discouraged as this literally stopped the QC’s preparation as the weeks of the appeal that he had reserved for the appeal would become wasted and he had to resort to adjusting his busy calendar.
Datuk Zaid and team came with a condition that their engagement must include his firm being placed as solicitors on record and a new local counsel to come onboard. I never knew that neither Zaid Ibrahim nor Niru Pillai has ever practiced criminal law or had sufficient knowledge on those subjects. In fact, comparing my case to that of the last high profile case of Anwar Ibrahim, it can be said that my appeal has taken a fast track to reach here. Anwar took seven years with over 70 adjournments to get to this stage. The SRC case has taken 4 years, two years of which were affected by the pandemic and no less than seven other proceedings, criminal and civil against me.
Since, your decision last week, I have called up various counsel to find alternative representation, but considering the decision and grounds of this Honourable Court last Tuesday , nobody is able or willing to take up my appeal, unless adequate time is given to that, as was being requested by Tn. Hj. Hisyam.
In the normal course of events my counsel at this stage will be submitting copiously in my defence. But that is not the case today. I can’t fault Tuan Haji for this and for him to just submit on a few points as suggested, would as I understand be a breach of another rule of practice where a defense counsel must present ALL legal defences available to him, surely not one or two points out of the 90 over grounds.
Yang Amat Arif, apart from my pleading for time, I wish to also record an objection on Yang Amat Arif continuing to preside on this appeal and invite Yang Amat Arif to consider whether it is appropriate for you to preside. I say this with the greatest of respect and I take no pleasure in raising this but over the past week, there have been numerous reports of sentiments against me placed in the public domain by Yang Amat Arif’s husband Dato Zamani Ibrahim.
Curiously this court has said that the evidence regarding Justice Nazlan have no relation to the charges against me. This court is correct. They don’t. What the evidence does show however is Justice Nazlan’s predisposition towards an adverse position against me in 1MDB that taints his judgement when deciding on the charges here.
Further, in the same court in 2006 in the called United States versus Gonzales-Lopez Justice Scalia a much revered and respected figure globally in the field of law and justice said this,
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