MOHAMED Apandi Ali’s claim that prosecutor Gopal Sri Ram coaxed him to arrest Najib Razak in 2018 is part of efforts to frustrate the former prime minister’s ongoing trials.

Sri Ram, in an affidavit filed at the Kuala Lumpur court registry yesterday, said he was not acting on Dr Mahathir Mohamad’s instruction when visiting the former attorney-general’s home in January that year.

Apandi made the claim in a June 12 affidavit following similar allegations posted on Facebook on June 10 and in an interview with the TwentyTwo13 website the following day.

“But these are merely self-corroboration of a conversation inaccurately recounted by Apandi,” said Sri Ram.

“It is an attempt by him to come to Najib’s aid with a view to frustrating the ongoing trials of the accused in the 1Malaysia Development Bhd and audit cases.

“The closeness of the Facebook post and interview to the date fixed for the continuation of the trial of the audit case confirms that this is an effort to abort that trial at any cost.

“This is born out of the application made by Muhammad Shafee Abdullah, the counsel for the accused, on the first day of the continued hearing to postpone the trial of the audit case until the application herein is disposed of.”

Najib faces 42 charges spread over five criminal trials, three of which are ongoing.

Sri Ram, a former Federal Court judge, is the lead prosecutor in the former prime minister’s 1MDB trial.

He also heads the prosecution in Najib and former 1MDB chief executive Arul Kanda Kandasamy’s joint trial over the tampering of the state investor’s audit report, the graft trial of Najib’s wife, Rosmah Mansor, and Shafee’s money-laundering trial.

Apandi’s affidavit was used in judicial review applications by Najib and Shafee, who are challenging the legality of Sri Ram’s appointment as prosecutor.

Sri Ram, in his affidavit, said it is ultimately up to the court to decide Najib’s fate based on the evidence in each case.

“In all the trials I am handling, the prosecution has provided evidence that is relevant and admissible.”

He denied any prosecutorial misconduct, prejudice or bias as claimed by Apandi.

“I was surprised by his attitude, which exemplifies an unreasonable approach, especially coming from a former apex court judge and eminent counsel who always preached on the right to a fair trial.”

Apandi was a Federal Court justice before he was appointed attorney-general in July 2015 following Abdul Gani Patail’s termination.

In January 2018, he cleared Najib of wrongdoing in the 1MDB scandal. The 70-year-old was removed from the post after the Barisan Nasional government fell in the general election the same year.

When testifying in the SRC International Sdn Bhd trial in March, Apandi defended his decision not to pursue charges against Najib in 2016 over the alleged RM2.6 billion donation from the Saudi royal family and misappropriation of RM42 million in the entity’s funds.

He also denied his involvement in a cover-up to protect Najib, reiterating that there is a lack of evidence of wrongdoing. – July 7, 2020.