AGC objects to Najib’s review bid
Judge orders both parties to put in submissions
KUALA LUMPUR: The Attorney General’s Chambers has raised a preliminary objection against an application for leave for judicial review, filed by Datuk Seri Najib Tun Razak and Tan Sri Muhammad Shafee Abdullah separately, in an attempt to disqualify Datuk Seri Gopal Sri Ram from leading the prosecution team in their cases.
Muhammad Shafee said the AGC made the preliminary objection on grounds that the leave application was a duplicity of another criminal proceeding which also sought to disqualify Sri Ram.
The senior lawyer, who is the lead counsel in Najib’s case, met the press after a proceeding in chambers before High Court (Appellate and Special Powers) judge Justice Azizah Nawawi.
The proceeding was also attended by Muhammad Shafee’s lawyer Harvinderjit Singh and Senior Federal Counsel Shamsul Bolhassan who acted for the AGC.
“Both parties have been ordered to put our respective submissions and Jan 29 is fixed for submission before High Court judge Justice Collin Lawrence Sequerah,” Muha- mmad Shafee said here yesterday.
He said one of the grounds in their submissions was that a prosecutor must be a permanent feature of the AGC and not a private practising lawyer.
Harvinderjit said if Sri Ram was allowed to continue, it would directly impinge on the constitutional right to a fair trial.
On Wednesday, Najib filed for leave to initiate a judicial review to challenge the appointment of Sri Ram as the lead prosecutor for his corruption and money-laundering charges involving RM2.3bil alleged- ly from state fund 1Malaysia Development Bhd (1MDB).
The leave application was complementary to support his initial application at the criminal High Court to disqualify Sri Ram’s appointment.
On Sept 20 last year, the Pekan MP claimed trial to a total of 25 corruption charges involving RM2.3bil allegedly from 1MDB.
His first four charges were framed under Section 23(1) and 24(1) of the MACC Act 2009 while the other 21 charges were under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
In the charges under the MACC Act, Najib, 64, was accused of using his position as prime minister, finance minister and chairman of the 1MDB advisory board, to receive bribes on four occasions.
Meanwhile, the money-laundering charges include nine counts of receiving illegal proceeds, five counts of using illegal proceeds and seven counts of transferring the proceeds to other entities.