Najib again fails to disqualify Sri Ram in 1MDB cases
Najib Abdul Razak has failed for the third time to disqualify former judge Gopal Sri Ram as lead prosecutor in his 1MDB cases.
This was relayed in a unanimous Federal Court ruling over the former premier's application to oust Sri Ram...
Najib Abdul Razak has failed for the third time to disqualify former judge Gopal Sri Ram as lead prosecutor in his 1MDB cases.
This was relayed in a unanimous Federal Court ruling over the former premier's application to oust Sri Ram.
Led by Chief Justice Tengku Maimun Tuan Mat, the seven-member panel took about an hour to deliberate on submissions by Najib's lead counsel Muhammad Shafee Abdullah and deputy public prosecutor Ahmad Akram Gharib.
Other members of the panel included Federal Court judges Abang Iskandar Abang Hashim, Rohana Yusuf, Azahar Mohamed, David Wong Dak Wah, Mohd Zawawi Salleh, and Idrus Harun.
Najib's RM2.28 billion 1MDB case is set for hearing before Kuala Lumpur High Court judge Collin Lawrence Sequerah on Aug 19.
Sri Ram is also heading the prosecution in the RM6.6 billion breach of trust International Petroleum Investment Company (Ipic) case and the 1MDB audit report tampering case, as well as the graft and money laundering case against Najib's wife Rosmah Mansor and her aide Rizal Mansor, and the US$248 million money laundering case against the couple’s son Riza Aziz, among others.
In reading out the brief ruling, Tengku Maimun (photo) said the court found no merit in the appeal, and agreed with similar decisions at both the Court of Appeal and High Court over the matter.
"We agree with the lower courts, the appeal is dismissed for having no merit," she said.
On March 1, the Kuala Lumpur High Court dismissed Najib's application to disqualify Sri Ram from leading the prosecution in his 1MDB cases. He also lost his appeal in the Court of Appeal on May 7.
However, the panel allowed a portion of his appeal – for the prosecution to produce a copy of Sri Ram's letter of appointment as deputy public prosecutor.
"This (current appeal) is distinguishable from this court's earlier decision on (ad hoc DPP) Sulaiman Abdullah.
"On the (prosecution's) letter (that it) is secret, there was no material before us to show that the document (letter of appointment) is classified as secret under the Official Secrets Act 1972," she said.
Tengku Maimun then ordered the prosecution to file a copy of the letter of appointment in court.
When met after the proceedings, Akram said today's ruling enabled Sri Ram to continue to lead the prosecution in various cases against Najib.
"He (Sri Ram) will continue as DPP in the cases. He is a senior DPP who leads the prosecution," he said.
Defence may mount another challenge
Meanwhile, when met outside court, Shafee (below) revealed that the defence will peruse the letter of appointment to decide whether to mount another legal challenge against Sri Ram's appointment.
"Now that we have the letter, we may think of another way to challenge him," he told reporters.
When pressed whether any decision has been made on a new legal challenge, Shafee said the defence would first need to obtain a copy of the letter of appointment and read its contents.
"Let us see the letter of appointment first," he said.
Shafee, however, took the opportunity to question the Pakatan Harapan administration over the withholding the letter of appointment from being shared with the defence.
"Now there is supposed to be a transparent government in place, but why the secrecy (over the attempt to prevent the letter of appointment from being shared with the defence)?
"Secrecy is the breeding ground for corruption," he said.
During submissions, Shafee informed the apex court that the defence’s appeal to postpone the 1MDB trial will come up before the Federal Court on Aug 13.
On Aug 5, the Court of Appeal dismissed the appeal by both the prosecution and defence to postpone the trial in order to avoid it clashing with Najib's ongoing RM42 million SRC International trial.
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