KUALA LUMPUR – The high court will hear on January 27 an application by former prime minister Datuk Seri Najib Razak to disqualify former Federal Court judge Datuk Seri Gopal Sri Ram from leading the prosecution team in the former’s ongoing trial over alleged tampering of the 1Malaysia Development Bhd (1MDB) audit report.
Lawyer Nur Syahirah Hanapiah, representing Najib, told reporters this after the case came up for mention today before deputy registrar Catherine Nicholas.
“Senior counsel Tan Sri Muhammad Shafee Abdullah is on medical leave, so the hearing, initially fixed for today, has to be postponed.
“So, the application (by Najib) to disqualify Sri Ram has been fixed for hearing before high court judge Mohamed Zaini Mazlan at 9.30am on Jan 27.”
On June 12 last year, Najib, 68, supported by two affidavits, filed an application to recuse Sri Ram. The affidavits were each filed by Najib and former attorney-general Tan Sri Mohamed Apandi Ali.
In his application, Najib is seeking a declaration that there was a conflict of interest between the appointment of Sri Ram as a senior deputy public prosecutor (DPP) under Section 376(3) of the Criminal Procedure Code, and his practice as an advocate solicitor of the High Court of Malaya.
He also seeks a declaration that Sri Ram had acted and/or continues to act in conflict of interest of his purported appointment as a senior DPP, having displayed bias and mala fide, inter alia, by having preconceived and predetermined notions of the applicant’s guilt even before he was officially charged in any court or any order or relief that the court may deem fit and proper in the circumstances.
Meanwhile, Apandi in his affidavit said on a late afternoon in January 2018, Sri Ram came to his house in Jalan Dutamas here after the latter made calls of wanting to speak to him privately.
“He (Sri Ram) said ‘Tun M (former prime minister Tun Dr Mahathir Mohamad) sent me to see you’.
“He continued, ‘He wants you to arrest Najib at his office. Go tomorrow at 2pm. We have arranged for police in Putrajaya to do what is necessary on your instruction. We have also arranged for a magistrate to issue the remand order when he is brought before him or her’,” the former AG said.
Apandi said Sri Ram told him that he will be a hero in the eyes of the people, and will be the first AG to arrest a sitting prime minister, adding that they had laid the ground plans, and all Sri Ram needed now was for him to agree.
In the affidavit-in-reply filed on July 6 last year, Sri Ram dismissed Apandi’s claims that he had been sent by Dr Mahathir to see the latter (Apandi) over the conversation to arrest Najib.
Sri Ram said he attended a meeting with Apandi and his wife at their home in a purely professional capacity, adding that during the meeting, he rendered certain advice, which is the subject matter of legal professional privilege.
Najib is charged with using his position to order amendments to the 1MDB final audit report before it was presented to the Public Accounts Committee to avoid any action being taken against him, while former 1MDB CEO Arul Kanda Kandasamy is charged with abetting Najib in making the amendments to protect the former prime minister from being subjected to action.
Both of them were charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which provides for a jail term of up to 20 years and a fine of not less than five times the amount of gratification, or RM10,000, whichever is higher, upon conviction.
The trial was last heard on October 13, and will resume on January 18 before justice Mohamed Zaini. – Bernama, January 8, 2021
