TOMMY Thomas today maintained that prosecutors have the right to classify the appointment letter of Sulaiman Abdullah as head of the team against Najib Razak as it is a matter of attorney-client privilege.

“They (the defence) have no legal right. This is a very important decision. The crux of the legal profession is that nobody – not the court or adversarial parties – has business looking into the lawyer-client relationship,” the attorney-general told the Court of Appeal.

He made similar arguments last month when he refused to reveal Gopal Sri Ram’s appointment letter as head prosecutor in former prime minister Najib’s 1Malaysia Development Bhd cases.

“How could Sulaiman have held himself out if he comes to court without authority? He would have been breaking the Bar’s disciplinary rules,” said Thomas, adding that Najib’s lawyers have no factual or evidentiary basis in their application to challenge Sulaiman’s appointment.

Justice Zabariah Mohd Yusof led a three-man panel today that heard three of Najib’s appeals on the Kuala Lumpur High Court’s ruling over interlocutory applications in his seven criminal charges relating to SRC International Sdn Bhd funds, totalling RM42 million. SRC International is a former unit of 1MDB.

Also on the bench were Rhodzariah Bujang and Lau Bee Han.

Sulaiman, 72, was appointed as lead prosecutor after Thomas gave up the role last August, citing “onerous commitments” as attorney-general.

“It’s totally frivolous,” Thomas told the court of the defence’s bid to demand the appointment letter.

“My primary argument… is that there is no legal right in our system, in an adversarial system, for any adverse party to ask for the production of the appointment letter.

“We (prosecutors) have no right to ask for the documents from the accused, questioning the appointment of their 10 lawyers. Likewise, it is none of their business how we appoint our lawyers.”

Present was Najib, who sat in the dock. The former prime minister, who was dressed in a blue suit, appeared calm and did not speak throughout today’s hearing.

Najib was represented by lead counsel Shafee Abdullah and Harvinderjit Singh. Sulaiman was also present but made no submissions. 

Thomas said he appointed Sulaiman under Section 379 of the Criminal Procedure Code (CPC). The appointment was made in writing, followed by a media release.   
 
“The accussed has no legal right to seek anything to do with Sulaiman’s appointment. There is nothing in the CPC to release his letter of appointment,” he said.

“Section 126 of the Evidence Act (concerning attorney-client privilege) applies to all clients, except the government of Malaysia? That cannot be right,” he added. 

In his submission, Harvinderjit questioned the need for prosecutors to classify it under the Official Secrets Act (OSA), a decision that was later rescinded. 

“Why use the OSA? Is the appointment letter a threat to national security?”

Thomas later replied: “I don’t have to rely on the OSA. I don’t need to rely on the OSA.”

“The A-G and public prosuctor is no different from other lawyers,” Thomas said, referring to attorney-client privilege. 

Najib’s is also appealing the High Court’s refusal to apply a gag order prohibiting the media from discussing the merits of his criminal cases and as well as for the recovery of documents and statements.

In his submission, Harvinderjit said prosecutors are obligated to disclose all evidence admitted to the court under Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act as doing otherwise would result in prosecutorial misconduct. 

Zabariah adjourned the hearing to tomorrow, when an appeal on the withdrawal of transfer certificate by Thomas will be heard.

On July 4 last year, the 66-year old Pekan MP was charged with three counts of criminal breach of trust and one charge of abusing his position over SRC International funds amounting to RM42 million.

On August 8 last year, he was charged with three counts of money laundering involving the same amount of money.

His SRC’s trial, which was scheduled to commence on February 12, was adjourned after the court of appeal allowed Najib’s application to stay the trial pending the outcome of his appeals. – March 11, 2019.