THE Federal Court today dismissed Najib Razak’s appeal to disqualify Gopal Sri Ram as senior ad hoc prosecutor in the former prime minister’s 1Malaysian Development Bhd trial.

A seven-member panel, led by Chief Justice Tengku Maimun Tuan Mat, also unanimously found that Sri Ram’s letter of appointment was not technically classified under the Official Secrets Act.

As such the panel ordered the prosecution to file the letter of appointment in court.

The panel also ruled that the case was distinguished from another case involving another ad hoc prosecutor, Sulaiman Abdullah, who was involved in Najib’s SRC International case.

Also on the panel today were Chief Judge of Sabah and Sarawak David Wong Dak Wah, Azahar Mohamed, Idrus Harun, Mohd Zawawi Salleh, Rohana Yusuf and Abang Iskandar Abang Hashim.

Najib, dressed in a blue shirt, remained expressionless as the oral judgment was read in court.

In an immediate response, Najib’s lead counsel Muhammad Shafee Abdullah told reporters that his legal team may file another appeal, based on the contents of Sri Ram’s letter of appointment.

On March 1, the High Court dismissed Najib’s application - a decision which was upheld by the Court of Appeal on May 7.

Then, a three-member panel led by Court of Appeal judge Zabariah Mohd Yusof unanimously ruled that Sri Ram’s alleged involvement in the 1MDB investigations would not affect Najib’s right to a fair trial.

Sri Ram, 75, a former Federal Court judge was announced as a special ad hoc prosecutor on August 31 last year by Attorney-General Tommy Thomas.

In a statement on February 22, this year, Thomas said as a matter of privilege, Najib as a litigant had no legal right under Malaysian law to view Sri Ram’s letter of appointment.

“The government is entitled to the best legal talent in the country and the best legal talent may not be limited to the AGC,” he added.

Deputy public prosecutor Ahmad Akram Gharib told the court earlier today that there was “not an iota of evidence” that there was a real danger of bias with Sri Ram’s presence in the prosecution.

“It’s all conjecture,” he said. 

“There are eight of us (deputy public prosecutors) here, in the case. We are the ones doing all the work. Datuk Gopal will come in once in a while to advise on legal matters.”

Akram told reporters later Sri Ram can prosecute for Najib’s 1MDB trial slated to begin on August 19.

Sri Ram will also prosecute in Najib’s joint trial with former Treasury secretary-general Mohd Irwan Serigar Abdullah over criminal breach of trust charges involving RM6.64 billion. That trial is scheduled to begin on January 6, next year. 

Sri Ram is also in the prosecution in the corruption and money laundering trial of Najib’s wife, Rosmah Mansor, as well as her son Riza Aziz.

Shafee told reporters the legal fight to recuse Sri Ram may not be over.

“Remember when they resisted and resisted all the way? 

“Under Official Secrets Act, lah, under privilege lah, under no duty to give and all sorts of things. All contrary to hundreds of practice. 

“We wasted so much time. If they’ve given to us (Sri Ram’s letter), the challenge would have been so much simpler. 

“So, now we have the letter of authority (appointment), we may think of another way to challenge his (Sri Ram’s) appointment.” 

“So, let’s see. My mind is very imaginative. Why you take so long to lawan, lawan (fight and fight) for this document? This is habuk (dust). 

“There is no significance of you disclosing it. 

“In a transparent society and government, this one became a secret. 

“As Lord Acton once said, ‘Secrecy is the breeding ground for corrupt practices’.” 

Najib’s is currently on trial for seven criminal charges for receiving RM42 million of SRC International funds in his personal bank accounts. 

For the 1MDB trial slated to begin in two weeks, the Pekan MP faces four corruption charges under the Malaysian Anti-Corruption Commission Act and 21 counts of money laundering involving 1MDB funds, amounting to RM2.28 billion for offences committed at AmIslamic Bank Bhd in Jalan Raja Chulan in Kuala Lumpur between 2011 and 2014. 

The presiding judge for that trial is Collin Lawrence Sequerah, the high court judge who dismissed Najib’s application to recuse Sri Ram in March. – August 7, 2019.