THE Court of Appeal has allowed bids by Najib Razak and his lawyer, Muhammad Shaffee Abdullah, to challenge Gopal Sri Ram’s appointment as senior ad hoc prosecutor in their separate criminal trials.

The decision comes two days before the former prime minister’s 1Malaysia Development Bhd trial is set to begin. 

A three-judge panel, led by justice Hasnah Mohamed Hashim, unanimously allowed an application by Najib and an indentical one by Shaffee for a judicial review to disqualify Sri Ram as a prosecutor in their trials. 

Case management has been set for tomorrow at the Kuala Lumpur High Court. 

In the 1MDB trial, former prime minister Najib Razak faces 25 criminal charges linked to RM2.3 billion in public funds. The prosecution case for the ongoing SRC International trial is supposed to wrap up tomorrow. 

Najib and Shafee had applied for separate judicial reviews in the civil court to disqualify Sri Ram. 

In a separate case yet to be tried, Shafee faces four criminal charges for receiving RM9.5 million from Najib. The prominent Umno lawyer had wanted the court to dismiss Sri Ram from prosecuting that case against him.

“If they are smart, they will postpone the (1MDB) case on Wednesday because any prosecution by a non-qualified fellow will nullify the case,” Shafee told reporters after the ruling. 

In an immediate response, deputy public prosecutor Ahmad Akram Gharib said the 1MDB trial “will go on as scheduled” on Wednesday.

“We will decide on the next course of action,” Akram said. 

The Kuala Lumpur High Court dismissed both their applications on February 20, this year. The presiding judge of the cases, Azizah Nawawi, has since been elevated to the Court of Appeal. 

In Najib’s submission for today’s hearing, lawyers had used details from Sri Ram’s letter of appointment that was made public as a result of a Federal Court ruling on August 7 on a criminal motion by Najib.

“We find merit in the appeal,” Hasanah read today’s ruling by the panel that included Lau Bee Lan and Has Zanah Mehat.

“We are of the view the nature and jurisdiction in a judicial review as well as the disqualification motion filed in the criminal court is separate and distinct.

“The issue of multiplicity does not arise as the remedies sought are also different,” said Hasnah.

The panel ruled that the judicial review was “not frivolous” and set aside the high court’s February 20 order. 

Earlier, Shafee argued Sri Ram’s appointment was made under Section 376 of the Criminal Procedure Code, which was only applicable to deputy public prosecutors and not private lawyers. 

He said Sri Ram was also empowered, wrongfully, with investigative powers and access to offices at the Malaysian Anti-Corruption Commission and the police. 

Attorney-General Tommy Thomas, who led the prosecution, did not speak to reporters.

Today’s application, being a civil matter, did not require Najib to be present. 

Sri Ram, an outsized figure in legal circles, is a former Federal Court judge. The 77-year-old also represented Anwar Ibrahim, notably in the Sodomy II trial. 

Sri Ram also leads prosecution in the International Petroleum Investment Co (IPIC) trial involving Najib and former Treasury secretary-general Mohd Irwan Serigar Abdullah, as well as the corruption and money-laundering case against Najib’s wife Rosmah Mansor and her son, Riza Aziz. – August 26, 2019.