NAJIB Razak’s appeal against the withdrawal of the transfer certificates in relation to the charges of the SRC International case is nothing more than delay tactics, said Attorney-General Tommy Thomas.

The A-G told the Court of Appeal today the Kuala Lumpur High Court’s decision to allow the prosecution to withdraw the certificate to transfer the corruption charges was legitimate and constitutional.

He accused the former prime minister’s defence team of delaying the trial, which was originally slated to begin on February 12.

“Both parties agreed that the case must be heard in the high court. There is no quarrel on this,” he told the Court of Appeal today in his rebuttal to Najib’s appeal against the withdrawal of the transfer certificates.

“Yet the appellant has raised various issues to delay the trial, at every stage of this case. Their challenge to the public prosecutor’s power in this appeal is unfounded, and we pray that the appeal be dismissed.”

Thomas further argued that high court judge Mohd Nazlan Mohd Ghazali, who was set to hear Najib’s SRC International case, has the power to transfer cases back to himself from the lower court.

“Once the certificates were withdrawn the case will revert to the Sessions Court where the case was originally registered.

“It is ludicrous to suggest that the appellant should be physically present in the Sessions Court before the high court judge could act suo motu (an act of authority taken without formal prompting from another party) under Section 417(2) of the Criminal Procedure Code (CPC).”

Thomas said the judge has power to transfer a case subject to the provisions of the CPC. He added that Nazlan has jurisdiction to transfer the case, especially since he had heard preliminary matters and managed the case, with the trial dates already fixed before him.

Thomas said since the judge has the power to do what he did, the proceedings are not illegal. The transfer can be regularised as there is no breach of any law, he said.

Today is the fourth and final submission of four interlocutory applications Najib made in relation to the SRC International charges.

It was heard before justice Zabariah Mohd Yusof, who led a three-member bench that included Rhodzariah Bujang and Lau Bee Lan.

Najib was present. The former prime minister, who faces a total of 42 criminal charges mostly relating to state-investor 1Malaysia Development Bhd, was represented by his lead counsel Muhammad Shafee Abdullah and Harvinderjit Singh.

On February 7, Thomas, before Nazlan, withdrew the certificate to transfer the seven charges against Najib relating to SRC International to avoid argument that the transfer was null and void.

Najib was charged at the Sessions Court last July 4, although he only claimed trial at the high court after Thomas applied to transfer the case under Section 418A of the CPC.

Najib’s plea was taken before high court judge Sofian Abd Razak. Najib entered his plea a second time after Sofian was replaced by Nazlan.

After Thomas’ application, Nazlan used his discretion under Section 417 (2) of the CPC to bring back the charges from the Session Court for him to hear the cases.

On Friday, Shafee told the Court of Appeal that Najib did not get the opportunity to respond to Thomas’ application to withdraw the transfer of the charges. 

He said the defence was caught by surprise when Thomas made the application and they were not allowed to argue the matter, adding that this went against the principle of natural justice which gave all parties the right to be heard.

Thomas said today the defence’s application to set aside Nazlan’s judgment and remit it to the high court for re-argument before a different judge is “solely to delay the trial”.

Najib is also appealing the appointment of Sulaiman Abdullah as fiat prosecutor, the high court’s refusal to apply a gag order prohibiting the media from discussing the merits of the cases and as well as for the recovery of documents and statements.

Zabariah adjourned the hearing to Thursday when the panel will deliver its judgments on all four appeals.  – March 18, 2019.