IT is not uncommon for a high-profile criminal trial to be postponed pending the disposal of preliminary issues, lawyers said.

They were commenting on the postponement of former prime minister Najib Razak’s SRC International trial, which was to have commenced today.

The Court of Appeal yesterday, however, ruled that the defence’s appeal against the prosecutor’s withdrawal of the certificate of transfer had to be heard first. 

“The certificate is a preliminary issue. No point going on with the trial pending preliminary issues,” said criminal lawyer Rajsurian Pillai.

“A postponement based on the reasons given is not uncommon. It is a public interest case. The judge will take note of all circumstances and decide what is necessary for a fair trial.”

A three-man Court of Appeal panel led by justice Ahmadi Asnawi yesterday unanimously decided to allow Najib’s application to postpone his trial pending the disposal of his appeal, as it had merit. 

The court further ruled that if a stay was not granted and the trial proceeded as scheduled, it will render the proceedings a nullity.

This caused an outcry on social media, particularly among Pakatan Harapan supporters who blamed prosecutors for bungling their case. 

“It’s not a bungle, just a precaution to ensure that the matter would not be used as a technical ground by Najib when it goes up on appeal,” said constitutional lawyer Lim Wei Jiet. 

“It’s pretty normal actually in such high profile matters,” said Lim, adding that he does not expect the appeal hearing to take long.

“The Court of Appeal will dispose Najib’s appeal on this interlocutory point fast,” he said. 

V. Sithambaram, who is leading the prosecution team in the SRC International trial, told reporters yesterday that the prosecution will be writing to the Court of Appeal president for an early hearing as it involved an issue of public importance.

“The prosecution is confident that we can proceed from Feb 22 until the end of March so that there is no further delay,” he said.

Attorney-General Tommy Thomas had previously applied to Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali for a withdrawal of the certificate to transfer the seven charges against Najib to avoid the possible argument that the transfer was a nullity.  

Meanwhile, lawyer Haniff Khatri Abdulla questioned the prosecution’s move to withdraw the certificate of transfer on February 7, five days before the trial date.

“It allowed an opportunity for the defence to argue that no proceeding existed at that point in time for the High Court to transfer the seven charges to under Section 417 of the Criminal Procedure Code and that they should be re-mentioned at the Sessions Court,” he said.

“Frankly, Malaysians have a right to demand an explanation for the prosecution’s carelessness.”

On July 4, last year, Najib was charged with three counts of criminal breach of trust and one charge of abuse of power involving SRC International funds totalling RM42 million.  

He was slapped with a further three counts of money laundering amounting to RM47 million last Friday, also involving SRC International, but those cases have yet to be merged into the same trial.  – February 12, 2019.