Najib's appeal, stay bid may delay trial scheduled for Tuesday
The Court of Appeal was informed that former premier Najib Abdul Razak has filed a notice of appeal over the Kuala Lumpur High Court's decision earlier today to continue with the trial scheduled next Tuesday on the seven charges in relation to the SRC International Sdn Bhd.
Najib's lawyer lead counsel Muhammad Shafee Abdullah said they will file an application to stay the trial pending the appeal, which may also delay the case...
The Court of Appeal was informed that former premier Najib Abdul Razak has filed a notice of appeal over the Kuala Lumpur High Court's decision earlier today to continue with the trial scheduled next Tuesday on the seven charges in relation to the SRC International Sdn Bhd.
Najib's lead counsel Muhammad Shafee Abdullah said they will file an application to stay the trial pending the appeal, which may also delay the case.
This came after attorney-general Tommy Thomas today withdrew his certificate to transfer the seven charges from the Sessions Court to the High Court owing to the landmark decision in Semenyih Jaya Sdn Bhd and M Indira Gandhi cases which gave courts the discretion to decide to hear a case.
High Court judge Mohd Nazlan Mohd had exercised his discretion under Section 417(2) of the Criminal Procedure Code (CPC) to order the transfer of the seven charges from the Sessions Court to High Court.
Shafee today told the three-member Court of Appeal bench, led by Justice Kamardin Hashim, on the possible impropriety of the High Court's decision which has wide-reaching implications when Thomas withdrew the certificate under Section 418A of the CPC.
He said instead of hearing the cases next Tuesday himself, Justice Nazlan should let the High Court registrar decide which judge should hear it.
"As a result, my client today filed an appeal over the High Court's decision. We want the hearing of the three appeals fixed today be adjourned until the matter that was decided (by the High Court) today is dealt with first."
Shafee (photo) argued that when Thomas withdrew the Section 418A certificate all prior proceedings should be considered nugatory.
The bench, also consisting Justice Harminder Singh Dhaliwal and Justice Zabidin Mohd Diah, allowed the defence an adjournment on the appeals fixed for today and tomorrow.
These are appeals over Najib not receiving further documents, not getting a gag order barring people from discussing the SRC International and 1MDB cases, and also the fiat granted to appointed-lawyer Sulaiman Abdullah to prosecute in this case.
The bench then fixed March 11 and 12 to hear the three appeals pending the outcome of the appeal filed today.
Shafee, who is assisted by Havinderjit Singh, said it was not the defence which is delaying the trial as all these bunglings are created by the prosecution.
"The issue regarding the certificate, the AG should know that the Semenyih Jaya decision was made two years ago and the Indira Gandhi decision a year ago.
"Yet, why did he invoke Section 418A and not let the High Court use its discretion," he said.
Since they’re trying to play delays tactics, then shortened/ fastened the process, give these cases specifial attention, hear the appeal within a week or shorter, and then every delays to be handle within a week, if that can be done. I guess they are trying to outlive Tun given Tun’s age
Issue of appeal by Defence questioning the fiat to prosecute Najib by Sulaiman Abdullah. To save time the AG should issue a fiat in writing which should be tenders to court before the start of the trial and the charges read back again to accuses and a fresh plea be taken.
delay tactic waiting for Tommy and Tun to exit the scene. Will successor, Anwar have our Agong pardon Najib?
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