Najib, Shafee vs Sri Ram - Wed decision on leave application
The Kuala Lumpur High Court will deliver its decision this Wednesday on separate leave applications by former prime minister Najib Abdul Razak and lawyer Muhammad Shafee Abdullah for a judicial review to remove former Federal Court judge Gopal Sri Ram (above) from leading the prosecution of 1MDB-linked charges against them.
Senior federal counsel Shamsul Bolhassan said both parties had presented their arguments before Justice Azizah Nawawi in her chambers earlier today.
The Kuala Lumpur High Court will deliver its decision this Wednesday on separate leave applications by former prime minister Najib Abdul Razak and lawyer Muhammad Shafee Abdullah for a judicial review to remove former Federal Court judge Gopal Sri Ram (above) from leading the prosecution of 1MDB-linked charges against them.
Senior federal counsel Shamsul Bolhassan said both parties had presented their arguments before Justice Azizah Nawawi in her chambers earlier today.
He told reporters that the Attorney-General's Chambers had raised its objection to the multiplicity of actions as there was also a motion (to dismiss Sri Ram) filed in the criminal court.
"Basically, (they are) asking for the same reliefs, that is challenging the appointment of Sri Ram as a senior deputy public prosecutor (in Najib and Shafee's criminal cases) and also the production of (Sri Ram's) letter of appointment.
"And (they are seeking) other declarations to say that the appointment of Sri Ram is null and void.
"Basically, that is what they are applying in the criminal court as well. So we say that we will go against the multiplicity of actions. It should go back to the criminal court to be heard," he said when met outside Justice Azizah's court.
Najib and Shafee had filed for leave to initiate a judicial review challenging the appointment of Sri Ram as the lead prosecutor in corruption and money-laundering charges against them.
Both parties named attorney-general Tommy Thomas, Sri Ram and the government as respondents. Shafee represented Najib while he himself was represented by counsel Harvinderjit Singh.
'Issue of recusal'
Speaking to reporters, Shafee said they argued that the issue and reliefs they were seeking through the review were "completely different" from what they were seeking in the criminal court.
Harvinderjit added the judicial review was about the validity of the attorney-general's decision to appoint Sri Ram while in the criminal court they were dealing with the issue of Sri Ram's recusal.
"The issue in the judicial review goes to the validity or properness of the attorney-general's decision to appoint Sri Ram as a senior deputy public prosecutor.
“(While) in the criminal court, we are dealing with an issue of recusal or disqualification where it is inappropriate for someone like Sri Ram to continue acting in the matter," he said.
In August last year, the attorney-general announced the appointment of Sri Ram as senior deputy public prosecutor to lead the prosecution against Najib’s 1MBD and related cases.
Sri Ram has also been appointed the lead prosecutor of four charges brought against Shafee under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
ITS just delay tatic lah
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