PUTRAJAYA: Former prime minister Datuk Seri Najib Tun Razak has filed an appeal against a High Court’s decision that allowed the prosecution to withdraw a certificate to transfer his seven charges related to RM42mil funds belonging to SRC International Sdn Bhd.
Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah said the notice of appeal was filed on Thursday (Feb 7) afternoon with a certificate of urgency for the matter to be heard urgently.
He also said the defence would file an application at the Court of Appeal to postpone the trial of the case, which is scheduled for Feb 12.
At the Court of Appeal, Muhammad Shafee said the withdrawal of the certificate, which was issued in accordance with Section 418(A) of the Criminal Procedure Code, has affected the entire proceeding.
“We submit that as soon as the certificate of transfer to the High Court is withdrawn, there is no longer subsisting proceeding at the High Court and the case needs to be pushed back to the Sessions Court (where Najib was first charged).
“The prosecution cannot simply withdraw the certificate without facing consequences,” he said.
A three-man panel chaired by Court of Appeal judge Justice Kamardin Hashim presided over the proceedings.
The other two judges on the panel are Justices Mohamad Zabidin Mohd Diah and Harmindar Singh Dhaliwal.
Muhammad Shafee told the panel that the main appeal on fundamental issues must be heard first before the panel could hear three interlocutory appeals filed by the defence that was initially fixed for hearing on Thursday.
The appeals were regarding the appointment of Datuk Sulaiman Abdullah as the lead prosecutor in the case, a gag order on the media to stop discussions of the merits of the case, and an application to obtain documents in the case.
Earlier at a Kuala Lumpur High Court, Attorney-General Tommy Thomas had applied before High Court judge Justice Mohd Nazlan Mohd Ghazali to withdraw the certificate to transfer the seven charges against Najib to avoid any possible argument that the transfer was a nullity.
Justice Mohd Nazlan allowed the prosecution to withdraw the certificate and used his discretion under Section 417(2) of the Criminal Procedure Code to bring back the charges from the Sessions Court for him to hear the cases.
On July 4, 2018, Najib was charged with three counts of criminal breach of trust and one charge of abuse of power involving SRC International funds totalling RM42mil.
Subsequently, on Aug 8, 2018, Najib was charged with three counts of money laundering involving the same funds.
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