The Court of Appeal has struck out three of Najib Razak’s interlocutory appeals related to the SRC International trial. 

A three-judge panel led by Zabariah Mohd Yusof, however, allowed his application to compel the prosecution to show the appointment letter of fiat prosecutor Sulaiman Abdullah. 

Najib’s lawyers told the court they would appeal the three dismissals to the Federal Court.

The panel, which includes Rhodzariah Bujang and Lau Bee Lan, granted the defence’s application to stay the trial pending the appeal.  

This in effect further postpones the Najib’s trial that was slated to begin February 12, where he is to be tried for seven criminal charges related to SRC International Bhd’s funds.  

Najib was represented by lead counsel Shafee Abdullah and Harvinderjit Singh. Attorney-General Tommy Thomas led the prosecution. Sulaiman was also present.

The panel ruled unanimously in all its decisions, including allowing Najib’s appeal against Sulaiman’s appointment as the lead prosecutor against him in the SRC International case.

The panel ordered Thomas to produce Sulaiman’s certificate of appointment, saying Thomas’ claim of lawyer-client privilege did not apply.

Thomas told the court the prosecution would not apply for a stay should an appeal be filed. 

Najib today lost his appeals against the high court’s refusal to apply a gag order prohibiting the media from discussing the merits of the cases, the withdrawal of the transfer certificates by the attorney-general on seven charges related to his trial,  and the prosecution’s refusal to share all its documents and evidence, including witnesses’ statements, before the trial begins. 

Notably, the panel told the defence it was not entitled to view privileged documents at the pre-trial stage, saying it may result in witnesses being tampered with.

The panel also said High Court judge Mohd Nazlan Mohd Ghazali had not erred in fact or law when he allowed the public prosector withdraw the certificate of transfer.

The panel also ruled that Mohd Nazlan was correct in using his discretion under Section 417(e) of the Criminal Procedure Code to transfer the cases back to the High Court. 

Zabariah when delivering the decision on Najib’s stay application, called the prosecution to refrain from accusing the defence of trying to delay the trial. 

“There is no delaying tactic. They have to file their applications… That is not their fault,” she said. 

Najib appeared in a dark blue suit and did not speak during proceedings. – March 21, 2019.