A-GC OBJECTS TO RECUSAL BID

Govt opposes attempt to remove Gopal Sri Ram as lead prosecutor

THE Attorney-General’s Chambers (A-GC) yesterday raised a preliminary objection against a leave for judicial review application to remove Datuk Seri Gopal Sri Ram as the lead prosecutor in a criminal case against Datuk Seri Najib Razak and Tan Sri Muhammad Shafee Abdullah.

Shafee said among the grounds for the objection was that this proceeding was a duplicity of a criminal proceeding where he (Shafee) had also asked for recusal of Gopal.

The A-GC was represented by senior federal counsel Shamsul Bolhassan,

“They (A-GC) also hinted in a very broad manner that they would raise some issue as a primary objection.

“Both parties have been ordered to hand in our respective submissions and the court fixed Jan 29 for submissions before High Court judge Datuk Azizah Nawawi,” Shafee said after a hearing for leave for judicial review in chambers here yesterday.

On Wednesday, Najib filed for leave to initiate judicial review to challenge the appointment of Gopal as the lead prosecutor for his corruption and money laundering charges involving RM2.3 billion allegedly from state fund 1Malaysia Development Bhd (1MDB).

The leave application was a complementary application to support his initial application to disqualify Gopal’s appointment.

Shafee, who was represented by counsel Harvinderjit Singh, also filed for leave for the same purpose (to disqualify Gopal) in his money laundering charges amounting to RM9.5 million that he received from Najib.

Shafee is alleged to have involved himself in money laundering activities by receiving proceeds of unlawful activities via two cheques belonging to Najib totalling RM4.3 million and RM5.2 million respectively, on Sept 13, 2013, and Feb 17, 2014.

Shafee said Gopal’s appointment as the lead prosecutor in Najib’s and his corruption case was different from the appointment of Datuk Sulaiman Abdullah and his previous appointment to lead the prosecution in Datuk Seri Anwar Ibrahim sodomy II case.

“Our main agreement is that he (Gopal) must be a permanent feature of the A-GC.

“He cannot act as a private practice lawyer or it will be a conflict of interest all the way, not only in our case but in all other cases as well,” he said.

Harvinderjit Singh said the continuity of Gopal as the lead prosecutor would directly impinge on the constitutional right of a fair trial.

“Justice must be done and seen to be done. We cannot have a position where we are questioning the prosecutor himself.”