KUALA LUMPUR: The High Court here has denied a request by Datuk Seri Najib Razak to postpone his 1Malaysia Development Bhd-linked trial involving allegations of audit report tampering over an affidavit filed by former attorney general Tan Sri Mohamed Apandi Ali, which implicated the case's lead prosecutor, Datuk Seri Gopal Sri Ram.
Najib had filed an application to disqualify Sri Ram from leading the prosecution last Friday (June 12) with lead counsel Tan Sri Muhammad Shafee Abdullah arguing that this matter should be heard before the trial, also known as the Public Accounts Committee (PAC) trial, could proceed.
In the affidavit, Apandi had accused Sri Ram of trying to persuade him to arrest Najib over the 1MDB scandal.
Shafee said if the allegations were true, the issue of disqualification must be decided immediately.
The lawyer compared his application on disqualifying the lead prosecutor to the disqualification of a judge.
High Court judge Justice Mohamed Zaini Mazlan, however, disagreed.
"Recusal must be disposed of first but I am not aware this sort of matter applies here," he said.
Justice Zaini ordered for the trial to proceed Tuesday (June 16) after allowing a one-day postponement due to a Covid-19 coronavirus concern.
Earlier, Shafee informed the court that a member in the defence team had taken a Covid-19 test after developing symptoms of high fever and cough. The result is expected to be known Tuesday at 10am.
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