ATTORNEY-GENERAL Tommy Thomas said his office has the right to classify the appointment letter of Gopal Sri Ram as senior prosecutor against former prime minister Najib Razak, saying it was a matter of attorney-client privilege.

Thomas told a hearing on an application by Najib to disqualify Sri Ram that the defence lawyers had no right to demand to view the appointment certificate.

“On the same note, the prosecution has no legal right to ask for a discovery or appointment letter for any counsel for any accused. That is not our business,” he said.

“If we cannot ask for letters of appointment, how dare they ask how Sri Ram was appointed?”

Shafee Abdullah appeared as lead counsel for Najib, who sat in the dock.

Najib’s application was heard before Kuala Lumpur High Court judge Collin Lawrence Sequerah. The former prime minister, dressed in a blue-tray suit, did not speak and appeared calm throughout the hearing.

His lawyers argued that Sri Ram’s political leaning, work background and “purported tendencies to make unsubstantiated claims” in his submissions, disqualified him as a prosecutor.

Najib also disputed the reasons for the classification of Sri Ram’s letter of appointment under the Official Secrets Act.

Thomas, however, said he as the A-G is empowered under Section 376 of Malaysian Criminal Procedure Code, to appoint “fit and proper persons” to act as senior deputy public prosecutors, deputy public prosecutors or assistant public prosecutors.

Thomas said Sri Ram has appeared numerous times on behalf of the public prosecutor and his capacity in that regard was never disputed by the A-G Chamber’s.

The A-G maintained that a litigant has no legal right under Malaysian law to sight a prosecutor’s letter of appointment, because “that is clearly a privileged document between client and counsel.”

“It contained secret and confidential terms that is not mean to be viewed by third parties.”

He added that Najib had no “legal, equitable, enforceable right” under the law to demand the letter of the appointment.

“The government of Malaysia is entitled to the best legal talent in the country and the best legal talent may not be limited to the (A-G’s) Chambers,” Thomas said, adding that the government was limited to a pool of over 1,000 lawyers, while the “luxury of choice” is found in the private sector, such the 18,000 lawyers found in the Malaysian Bar.

He said if the government was not allowed to appoint its prosecutors of choice, the prosecution would be “handicapped and not treated equally in a level playing field”.

Thomas added that Sequerah’s ruling on this case may have an effect on the legal interpretation of attorney-client privilege.

Meanwhile, deputy public prosecutor Ahmad Akram Gharib told the court in his oral submission that Sri Ram could not have undue influence over police investigations into 1Malaysia Development Bhd, as asserted by Najib.

This is because investigations began as far back as 2015, while Sri Ram was appointed on August 31 last yar.

Najib was charged with the 25 counts of corruption involving RM2.3 billion allegedly diverted from 1MDB, only on September 20.

“How can they even imagine that Sri Ram can be involved and interfere in investigation of such a huge magnitude within the short span of 20 days. As DPPs  (deputy public prosecutors), our core duty is to supervise investigations, especially on legal issues – for example, what is and what is not admissible evidence.”

Akram also rejected the defence’s claims that Sri Ram was biased and had influence over the courts.

“They (defence) alleged that Sri Ram was biased against the accused. I submitted even if that is true, the trial will still be under the control of the judge. For example, Sri Ram had urged the Sessions Court to impose extra conditions, including barring the accused from talking about the case in public. 

“However, the Sessions Court judge did not entertain his request. So, I said if he cannot even influence a Sessions Court judge (with all due respect to her), what makes them think that Sri Ram can do it to a High Court judge, who is more senior?,” he said.

Sequerah adjourned the hearing to February 28.

Shafee later told reporters outside the court that Najib’s application was justified. 

“Why is the certificate that appoints Sri Ram a secret? Why is it not being shown? The A-G gave a comparison that is quite laughable. 

“The public prosecutor, by the mere mention of the name, is prosecutor for the public. Who is the public? It’s people like us, Malaysian citizens. This prosecutor represents the public. His client is the public. He is not the client. He is just a representation of the client.”

“So, when he appoints someone, he just represents someone who is a citizen. You appoint someone fit and proper. Shouldn’t the people know how you appointed him and why you appointed him?” – February 22, 2019.