NAJIB Razak is pressing ahead with a criminal application to disqualify Gopal Sri Ram as lead prosecutor for several of the former prime minister’s pending criminal cases.

This is despite a dismissal by a civil court today over a separate leave application to initiate a judicial review over the former judge’s appointment as prosecutor.

In Najib’s criminal application, heard before Kuala Lumpur High Court judge Collin Lawrence Sequerah today, his lawyer argued that Sri Ram’s political leaning, work background and purported tendencies to make unsubstantiated claims in his submissions disqualified him as a prosecutor.

“A prosecutor who is biased towards an accused person would lead to any right thinking member of society to apprehend that justice was not being done. The same also serves as substantial risk that the accused person wild not be prosecuted fairly as he is constitutionally entitled to,” Najib’s counsel Harvinderjit Singh told the court.

Deputy public prosecutor Akram Garib represented the government in today’s hearing to disqualify Sri Ram. Muhammad Shafee Abdullah acted as Najib’s lead counsel.

Najib sat in the dock during today’s proceedings, wearing a gray suit. He appeared calm and did not speak.

Najib, in his written submission, pointed out that Sri Ram had acted as lead defence counsel for Anwar Ibrahim in the appeals in Sodomy II before the Court of Appeal and Federal Court.

“One of the defences raised was that the entire prosecution of Anwar Ibrahim was politically motivated and was a political conspiracy involving the applicant (Najib),” the submission said.

Najib also said Sri Ram acted for former de facto law minister Zaid Ibrahim in a private application in wanting to prosecute him (Najib).

Sri Ram also acted for Anwar in a civil appeal brought against the then BN government, whereby the crux of the allegation was that Najib, while serving as prime minister, had paid Shafee RM9.5 million to prosecute the appeals in Anwar’s Sodomy II trial.

“The above, when objectively analysed, would lead to the conclusion that Sri Ram is far from objective, impartial or detached.

“Sri Ram has in more than one forum made clear allegations of the commission of offence by the applicant. These include matters which are not even part of the charges in the 1MDB (1Malaysia Development Bhd), MoF (Finance Ministry) and PAC (Public Account Committee) cases.

“There is also clear and continuous propensity to make unsubstantiated serious allegations against the applicant without any supporting admissible evidence. Notably the trial has not even began and this propensity has already surfaced.

“Taken objectively and in light of the background leading up to Sri Ram’s appointment and its purpose (to push 1MDB) it is submitted that on an objective analysis, Sri Ram cannot continue to act in the applicant’s case as he falls below the expected standards of a prosecutor as a titular minister of justice and the preservation of the applicant’s right to a fair trial and to equality,” the submission said.

Najib also disputed the reasons for the classification of Sri Ram’s letter of appointment under the Official Secrets Act, and that he be ordered to produce it.

He also said the circumstances of Sri Ram’s perceived bias, unfitness and conflict as outlined above meets the test justifying his disqualification.

Sequerah adjourned the hearing to Friday, where government lawyers would submit their arguments.

Earlier today, Kuala Lumpur High Court (Appellate and Special Powers) judge Azizah Nawawi dismissed the application by Najib and Shafee for leave to initiate a judicial review over Sri Ram’s appointment.

Najib was represented by Shafee and lawyer Harvinderjit Singh acted for Shafee while senior federal counsel Shamsul Bolhassan appeared for the Attorney-General’s Chambers.

Azizah, in her judgment, said leave sought in the application by Najib and Shafee was similar to that in the application made by them at the Criminal High Court.

The judge said it was more convenient for the issue of Sri Ram’s appointment be addressed in the criminal high court as a similar application was pending in that court.

She also commented on Attorney-General Tommy Thomas’ refusal to provide the letter of appointment of Sri Ram to Najib and Shafee, citing section 376(3) of the CPC on the basis that “the applicants have no right to a copy.”

“Such a simplistic reason is baffling, coming from the A-G. Surely there must be a legal and/or a constitutional reason for the rejection,” Azizah said in her judgment.

Sri Ram, 74, practised law since 1970 until his elevation to the Court of Appeal in 1994 – the first practitioner in Malaysia to be elevated directly to an appellate court. He was elevated as a judge of the Federal Court of Malaysia in 2009, retiring a year later.

He is also leading prosecutors in criminal cases against Najib’s wife, Rosmah Mansor, Shafee, former Sabah menteri besar Musa Aman, Umno president Ahmad Zahid Hamidi, former Treasury secretary-general Mohd Irwan Serigar Abdullah, former 1MDB CEO Arul Kanda Kandasamy and former spy chief Hasanah Ab Hamid.

Najib faces 42 criminal charges, mostly related to 1MDB, which could see him imprisoned for years if found guilty. – February 20, 2019.