THE Federal Court has postponed the hearing of a review application by Najib Razak on its decision to lift the stay on his SRC International Sdn Bhd trial.

Chief Justice Richard Malanjum said the matter will be heard on Wednesday, the same day that a panel led by him will decide on four interlocutory appeals relating to the SRC International case.

The hearing date is two days before Malanjum steps down. On April 12, he turns 66 years and six months – the mandatory retirement age for judges.

The former prime minister’s lead counsel, Muhammad Shafee Abdullah, told the apex court today that the panel hearing the review application on Wednesday should not comprise any of the seven judges who unanimously agreed to lift the stay last week.

“Of course, of course,” said Malanjum.

The defence is expected to apply to stay the SRC International trial, which began two days ago, should a review be granted.

The review application was listed to be heard yesterday, but was postponed after a seven-judge panel heard only three of the four appeals the same day.

The panel, which also comprises Chief Judge of Malaya Zaharah Ibrahim, Chief Judge of Sabah and Sarawak David Wong, and justices Ramly Ali, Tengku Maimun Tuan Mat, Idrus Harun and Nallini Pathmanathan, heard and ruled on several other matters today.

It heard the final submission by Najib, who is seeking full access to investigation and other evidentiary documents to be used against him in the SRC International trial.

Counsel Harvinderjit Singh, acting for Najib, told the court that it is not prejudicial to the administration of justice if the defence has access to all of the investigators’ documents.

He said Section 51A of the Criminal Procedure Code requires the prosecution to provide statements by potential witnesses to the Malaysian Anti-Corruption Commission.

“Just give us the documents,” he said in his submission.

Shafee cited a criminal case he attended to in Australia, in which he represented Umno politician Muhammad Muhammad Taib.

“This was in the redneck region of Queensland… and we were provided a copy of the entire IP (investigation paper).”

He added that the prosecution’s argument of witness tampering is “some fear commonly used by some courts to justify decisions”.

He concluded by saying the defence wants all the witness statements, including copies of documents referred to, such as cheques.

The panel today heard the defence argue on two interlocutory appeals – a gag order on the media and public from discussing Najib’s criminal cases, and Attorney-General Tommy Thomas’ withdrawal of his transfer certificate on the SRC International case.

It also heard an appeal by Thomas against a court order to produce the letter of appointment of fiat prosecutor Sulaiman Abdullah.

The attorney-general led the prosecution, which included ad hoc prosecutor V. Sithambaram.

Najib, dressed in a grey suit, appeared calm in the dock during the proceedings. He did not speak to reporters afterwards. – April 5, 2019.