Only courts can issue criminal orders, says Najib's lawyer Shafee

Mohd Shafee Abdullah, the lead defence counsel for former Prime Minister Najib Razak, has clarified that only courts possess the legal authority to issue orders in criminal matters, rejecting any suggestion that lawyers can draft such judicial directives.

The assertion by Shafee appears to address concerns surrounding a discharge order dated November 6, which has drawn scrutiny regarding its origins and validity. In Malaysian criminal procedure, orders that affect the course of proceedings must originate from the bench and be formally issued by judicial officers.

Shafee's remarks underscore the strict separation between the roles of the judiciary and the legal profession in criminal cases. While defence counsel and prosecutors may prepare submissions and applications for court consideration, the power to grant or refuse such applications rests exclusively with the presiding judge or magistrate.

The clarification from Najib's legal team highlights the importance of proper judicial procedure in high-profile cases and serves to distinguish between legitimate legal advocacy and the formal exercise of judicial authority. The statement reinforces that any order affecting criminal proceedings must originate from and be signed by an authorised court official.