Prosecution fails in bid to postpone 1MDB trial
1MDB TRIAL | Another bid to postpone former premier Najib Abdul Razak's 1MDB trial failed today.
Kuala Lumpur High Court judge Collin Lawrence Sequerah dismissed the notice of motion filed by the prosecution about a week ago...
1MDB TRIAL | Another bid to postpone former premier Najib Abdul Razak's 1MDB trial failed today.
Kuala Lumpur High Court judge Collin Lawrence Sequerah dismissed the notice of motion filed by the prosecution about a week ago.
The judge ruled that the reasons provided in the application were insufficient as reasonable cause to postpone the hearing, which is also referred to as the Tanore trial.
"I don't find the reasons for adjournment (as) reasonable cause.
"Notice of motion is thus dismissed," he said, adding that the trial dates fixed earlier are still applicable.
Hearing on the 1MDB trial will commence this Aug 19.
The application to postpone the trial was filed by deputy public prosecutor Budiman Lutfi Mohamed on July 10, just two days after Sequerah had turned down the prosecution's verbal application to postpone the hearing.
Collin arrived at his decision after weighing submission by attorney-general Tommy Thomas this morning, which was also supported by submission from lead defence counsel Muhammad Shafee Abdullah.
Thomas in his submission cited Section 259 of the Criminal Procedure Code, which stated the court's power to adjourn or postpone a proceeding when an accused is absence, or for any reasonable cause.
He also told the court that it was a mistake for the system to put a closing date on the SRC International hearing.
"The principle and issue here, it is fundamental and elementary that you cannot start trial number two when trial number one hasn’t been completed," he submitted.
In supporting the application, Shafee (photo, above) said the defence wanted to emphasis the effects on Najib's defence if the Tanore Trial were to proceed when they are still in the midst of the of SRC International case.
"One is because, in the defence perception of our cases, SRC and 1MDB cannot be separated because of the flow of money.
"There is a reason why the same team has to understand the entire case," he said.
He said having two trials at once would also "dilute" the defence team.
Meanwhile, it is understood that the prosecution would be filing an appeal on Collin's decision at a higher court.
Thomas had indicated this when he briefed Justice Mohd Nazlan Mohd Ghazali, who is presiding the SRC International case, later in the evening on the outcome of their appeal for the 1MDB trial postponement.
