The High Court in Kuala Lumpur has today fixed Dec 18 to hear Najib Abdul Razak's application to challenge the fiat (mandate) given to government-appointed prosecutor Sulaiman Abdullah to prosecute the former premier for seven charges of criminal breach of trust and abuse of power involving SRC International Sdn Bhd.
Justice Mohd Nazlan Mohd Ghazali also fixed the same date to hear submissions on the defence application to obtain more documents, namely the recorded statements of witnesses who would testify in the trial.
Najib's lawyer Muhammad Shafee Abdullah had asked for another date as there would be lengthy submissions on the two issues and said he was prepared to take the whole day from morning to submit on the issue next month.
When Justice Nazlan reminded Shafee that he had told the court during past sessions that December would be when he would seek to go on vacation, the senior lawyer said now that his passports had been surrendered to the court, he could not go anywhere.
Shafee's response was met with giggles in the public gallery.
Following that, Justice Nazlan fixed Dec 18 to hear the submissions on the matter and asked parties to exchange replies before that.
Shafee (photo) was required to surrender his passports after he was charged with two counts of money laundering for receiving RM9.5 million from Najib.
Sulaiman who led the prosecution team also concurred that submissions on the issues by the prosecution would take time and fixing this afternoon to hear the matter was not appropriate.
The prosecution has already handed all related documents regarding the case as required under Section 51A of the Criminal Procedure Code.
However, they are objecting to Shafee's request for the witness statements to be produced, which the prosecutors claimed the defence has no right to ask for.
Najib is challenging Sulaiman's appointment as the prosecutor in the case and has challenged him to produce his fiat given by attorney-general Tommy Thomas.
Shafee claimed that Sulaiman's fiat has been classified under the Official Secrets Act (OSA).
"This is the first time in the world where the fiat of a person appointed (to prosecute) has been deemed confidential and classified under the OSA. If Sulaiman produces it and we are satisfied, then it is alright.
"Until he produces it, we are challenging his appointment as a prosecutor," he told reporters after court proceedings.
On Aug 8, Najib was slapped with three charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, with four earlier charges being amended. - Mkini
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