Shafee confident about Najib's petition to UN body

Najib Razak's lawyer expressed confidence today about the former prime minister's bid for freedom through the intervention of a UN body, playing down comparisons with a similar effort by PKR president Anwar Ibrahim some seven years ago, which ended in a ruling rejected by the government led by Najib at the time. 

Speaking to MalaysiaNow on the sidelines of a press conference to announce Najib's petition to the United Nations Human Rights Council Working Group on Arbitrary Detention (UNWGAD), Muhammad Shafee Abdullah said the procedure had been lacking in the case of Anwar's petition. 

"The procedure was not complete," he said, referring to UNWGAD's call for the government to free Anwar from his prison sentence for a sodomy conviction. 

UNWGAD had said at the time that Anwar's imprisonment was "arbitrary and illegal".

But Putrajaya described the call as baseless, saying that Anwar's jailing was not political and that he was accorded the same treatment as other prisoners.

"After a fair and lengthy trial of six and half years, he was convicted of the offence.

"Anwar is currently serving his sentence at prison, not in solitary confinement, and is being provided with appropriate facilities and medical treatment.

"As such, the opinion by the UNWGAD, calling for the immediate release of Anwar is without basis," Wisma Putra had said. 

Speaking today, Shafee said there had been something "funny" about Anwar's case, adding that this was why UNWGAD's views had not been legally binding.

In the case of Najib, he said, the views of the international body could be used by the government through the Cabinet. 

"The government can advise through the Cabinet," he said. 

"The attorney-general can advise that he be freed, or be given a retrial." 

Shafee earlier said that Najib, who is serving 12 years in prison for the misappropriation of RM42 million in SRC International funds, was not given a reasonable opportunity to argue his case.

He said the final days of Najib's appeal, during which time the former leader discharged and replaced his entire defence team, had amounted to a "rushed justice" as his lawyers were not allowed the time needed to go through the appeal papers or come to grips with the grounds of appeal. 

When asked if the UNWGAD petition would afford Najib a better chance of release, Shafee said: "Release and retrial."

"If you ask me, is this an effective remedy, my answer is 'yes'," he added. 

He said UNWGAD could not refuse to go over Najib's petition as well as the accompanying documents. 

However, he said the judges on the panel could also comment on why a case should not be extended or given a retrial. 

He said it was possible for UNWGAD to provide its feedback within a short period of time as the documents were received at about noon today. 

"They sit three times a year," he said. "The first sitting of 2023 will be very soon."

Reiterating that the petition had been received, he said it was now being processed, with the procedure to be sent to the government through diplomatic officers. 

"Within a few months," he said. "See how quickly they come to a decision."