Leave applications by former premier Najib Abdul Razak and lawyer Muhammad Shafee Abdullah for a judicial review to remove Gopal Sri Ram from the team prosecuting the 1MDB-linked criminal charges against them were dismissed today.
According to Shafee, the decision was made by Kuala Lumpur High Court judge Azizah Nawawi, who saw it more suitable for the matter be handled by a criminal court.
However, the lawyer noted that the court recognised that both Najib and he had strong cases in substance and merit.
"The court first dealt with whether we have a strong case that should cross the threshold of being given leave for a judicial review.
"To this, the court said 'yes' quite clearly," he told reporters this afternoon.
Shafee added that Azizah found it "baffling" that the attorney-general refused to provide a copy of the appointment letter of Sri Ram, a former Federal Court judge.
"So, having found that we have strong grounds for leave, the court then dealt with the issue of convenience of which court should deal with the case – this court or the criminal court – because we have the matter in the criminal court today," he said.
The judge, Shafee added, then decided it would be more suitable for the application to be dealt with by the criminal court since it is also dealing with the trials.
It was reported that Najib and Shafee had filed separate applications for leave to initiate a judicial review challenging the appointment of Sri Ram as the lead prosecutor in the corruption and money-laundering charges against them.
Both parties named attorney-general Tommy Thomas, Sri Ram and the government as respondents. Shafee represented Najib while he himself was represented by counsel Harvinderjit Singh.
Justice Azizah had on Monday heard arguments from both parties and fixed today to deliver her decision. - Mkini
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