Court denies Najib’s request to postpone 1MDB-linked trial

KUALA LUMPUR: The High Court has denied a request by Datuk Seri Najib Razak to postpone his 1Malaysia Development Bhd (1MDB)-linked trial involving allegations of audit report tampering.

This came following last Friday’s filing of an affidavit by former attorney general Tan Sri Mohamed Apandi Ali, which implicated the case’s lead prosecutor Datuk Seri Gopal Sri Ram.

Justice Mohamed Zaini Mazlan refused the application by Najib’s lawyer Tan Sri Muhammad Shafee Abdullah and ordered for the trial to continue today on grounds that the application should be dealt with separately.

Najib filed the application to disqualify Sri Ram from leading the prosecution in the trial, also known as the Public Accounts Committee (PAC) trial.

Earlier, Shafee told the court that the matter should be heard before the trial proceeds.

“This is a serious application because the defence has the affidavit from the former AG.

“If the allegations (in the affidavit) are true, the issue of disqualification must be decided immediately, ” he said yesterday.

Shafee added that if the court decided to proceed with the trial, it would jeopardise the principle of “justice must not only be done but must be seen to be done”.

He also compared his application on disqualifying the lead prosecutor to the disqualification of a judge.

Sri Ram then stood to reply that the application could be done independently without prejudice to the ongoing trial.

In his ruling, Justice Zaini said the defence should not compare the disqualification application of a lead prosecutor with the recusal application of a judge.

“Recusal of a judge must be disposed of first but I am not aware that this argument applies here.

“In fact, it has been nine days of trial so far and it will be wasted if I allow the application.

“Taking into consideration that we are taking today off, I am inclined to proceed with the trial first, ” Justice Zaini said, before fixing Aug 7 to hear the application.

The court was also informed that a lawyer in the defence team had to undergo a Covid-19 test yesterday.

Justice Zaini agreed to postpone the proceedings for the day pending the test result, which is expected to be known at 10am today.

In Najib’s application, he sought a declaration that there was a conflict of interest between the appointment of Sri Ram as a Senior Deputy Public Prosecutor (DPP) under Section 376(3) of the Criminal Procedure Code and his practice as an Advocate & Solicitor of the High Court of Malaya.

He also sought a declaration that Sri Ram had acted and or continues to act in conflict of interest of his purported appointment as a senior DPP, having displayed bias and mala fide, inter alia, by having preconceived and predetermined notions of the applicant’s guilt, even before he was officially charged in any court or any order or relief, which this court may deem fit and proper in the circumstances.

Najib, 67, is accused of using his position to order amendments to the 1MDB final audit report before it was tabled to the PAC to avoid any action against him.

He allegedly committed the offence in Putrajaya between Feb 22 and Feb 26,2016.

Former 1MDB CEO Arul Kanda Kandasamy was charged with abetting Najib at the same place and time.