Najib fails to disqualify Sri Ram

No evidence of bias with him prosecuting case, says court

KUALA LUMPUR: Datuk Seri Najib Tun Razak failed to disqualify prominent lawyer and retired judge Datuk Seri Gopal Sri Ram from leading the prosecution team in his 1Malaysia Development Berhad (1MDB) cases.

High Court judge Justice Collin Lawrence Sequerah dismissed Najib’s application after finding that there was no evidence to show that Sri Ram would be acting biased as the Senior Deputy Public Prosecutor handling the case.

“The court does not find any basis that would lead a reasonably informed member of the public to conclude that the applicant would not be accorded a fair trial if Sri Ram is involved in the prosecution,” the judge said here yesterday.

Justice Sequerah said there was no evidence to show that Sri Ram was involved with the investigation by the Malaysian AntiCorruption Commission (MACC) relating to cases faced by Najib.

He said Najib had no right to demand Sri Ram to produce his letter of appointment.

“The Attorney General (AG) has himself stated in this court that Sri Ram was appointed pursuant to Section 376(3) of the Criminal Procedure Code (CPC), it can be taken that Sri Ram has the imprimatur (authoritative approval) of the AG to prosecute these cases.

“This fact itself would place any lingering doubts as to the locus standi of Sri Ram to appear to prosecute these cases beyond doubt,” the judge said.

Lawyer Tan Sri Muhammad Shafee Abdullah, who represented

The court does not find any basis that would lead a reasonably informed member of the public to conclude that the applicant would not be accorded a fair trial if Sri Ram is involved in the prosecution.

Justice Collin Lawrence Sequerah

Najib, requested for a stay on the trial - which was scheduled to commence on April 15 - pending an appeal on the dismissal.

The court however rejected the request.

On Sept 20, 2018, the former prime minister was charged with four counts under the Malaysian Anti-Corruption Commission (MACC) Act and 21 counts for money laundering involving 1MDB funds, amounting to RM2.28bil.

He was charged with committing the offences at AmIslamic Bank Berhad, No.55, Jalan Raja Chulan, Bukit Ceylon between 2011 and 2014.