Lawyer Muhammad Shafee Abdullah today said he will file a formal application at the High Court to recuse former federal court judge Gopal Sri Ram from serving as the lead prosecutor in the four 1MDB-linked charges against him.
"That will be done at the High Court.
"No point doing it here because the case will be transferred to the High Court. And that happens tomorrow," Shafee told reporters outside the Sessions Court in Kuala Lumpur this morning.
Shafee, who was first charged on Sept 13, had spoken from the dock and first informed Sessions Court judge Azura Alwi that he would file a formal application to disqualify Gopal from conducting his case.
He said the move was justified as Gopal is currently representing PKR president-elect Anwar Ibrahim at the Court of Appeal in a related civil case.
On Sept 13, when Najib was charged with money laundering offences, Shafee also said that he has a history with Gopal and that they do not have a "very pleasant relationship", which he described as lukewarm at best.
Sessions Court judge Rozina Ayob earlier today set Oct 8 as the new date to hear the outcome of Shafee's application to transfer the hearing of his case to the High Court.
Rozina also gave the prosecution two weeks to provide the defence team the remainder of all the documents requested, including bank transaction records.
It was previously reported that Shafee's transfer application would be heard tomorrow, before Justice Azman Abdullah.
"We want the High Court to hear this case because this is an Amla (Anti-Money Laundering Act) case that is rather complicated in law.
"Not just in this country, within the Commonwealth and perhaps even globally, this is a very difficult subject," Shafee said.
Shafee, who is acting for former prime minister Najib Abdul Razak, has claimed trial to two counts of money laundering and two counts of making false statements.
He is alleged to have engaged in money laundering by receiving proceeds from illegal activities amounting to RM9.5 million.
The sum was allegedly transferred to Shafee in two tranches from a bank account belonging to Najib on Sept 13, 2013, and on Feb 17, 2014.
If found guilty under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Shafee faces a maximum jail term of five years, a fine of up to RM5 million or both.
Shafee was also slapped with two counts of violating the Income Tax Act 1967 by omitting the income received from Najib in statements made to the Inland Revenue Board on two occasions in 2015. - Mkini
Kenapa takut kah Shafee?
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