NAJIB Razak’s lawyers today filed an appeal to reverse a high court ruling which allowed Attorney-General Tommy Thomas to withdraw three money laundering charges against the former prime minister in the SRC International Bhd case.

They have also filed an appeal against the withdrawal of Thomas’ certificate to transfer Najib’s seven charges from the Sessions Court to the high court.

Najib’s lawyer, Shafee Abdullah, told reporters that the notice of appeal was filed this afternoon, accompanied by a certificate of urgency.

“He (Najib) will also file a stay in the Court of Appeal to stop the trial which begins on February 12,” he said.

Earlier today, high court judge Mohd Nazlan Mohd Ghazali gave Najib a discharge not amounting to an acquittal on three additional charges of money laundering totaling RM47 million.

He made the ruling after allowing the application by the prosecution led by Thomas to give a discharge not amounting to an acquittal to the 66-year-old Najib.

“The public prosecutor has the power to discontinue or decline to prosecute at any stage of the trial. In my view of the request by the public prosecutor, I order that the accused to be discharged not amounting to an acquittal of the three additional charges,” the judge said.

At the same time, Thomas had also issued a certificate under Section 418A of the Criminal Procedure Code to transfer Najib’s other SRC cases from the Sessions Court to the high court.

He, however, later withdrew the certificate to avoid the possible argument that the transfer of courts was a nullity.

The withdrawal of the three cases is just a matter of technicality and Najib is expected to be charged again in the Sessions Court soon.

Najib’s lawyers are however not happy with the turn of events, with Shafee accusing the prosecution of not informing them of the withdrawal of the certificate and the discharge of the three charges.

“They only threw this at us today. We spent sleepless nights preparing for the case and now he (Thomas) has withdrawn the charges,” he said.

Shafee called the three charges illegal because they did not follow procedure.

“The attorney-general never told us he was going to withdraw the three charges. Because the three charges were illegal. They have to go through the Sessions Court first.

“Anybody who knows law knows this. They brought the three charges into the high court without going to the Sessions Court. You have to go through the Sessions Court first,” he said.

“The reason Thomas gave the judge this morning – to save the high court trouble – is unacceptable. This is because they have committed serious wrongs in the way it was done,” he said.

Shafee said the three appeals pending in the Court of Appeal related to Najib’s application for a gag order to prohibit the media from discussing the merits of his case, his application for the discovery of documents and statements, and over his challenge to the appointment of Sulaiman Abdullah as the prosecutor would be heard on March 11 and 12.

The appellate court allowed for an adjournment to hear these three appeals as Shafee wanted the court to decide on the fundamental issue involving the prosecution’s decision to withdraw the certificate of transfer earlier today.

He said that the priority now was for the Court of Appeal to decide on the decision made at the high court today.

Najib is facing 10 charges linked to SRC International, involving RM89 million.

He was hit with seven charges in July and August last year over RM42 million, and last week, he was slapped with an additional three charges which have now been withdrawn. – February 7, 2019.