Objectivity of 1MDB lead prosecutor called into question

The Kuala Lumpur High Court was told today that it would not have full control over 1MDB-related criminal proceedings against Najib Abdul Razak, as it can only rely on evidence submitted by the prosecution.

Shafee Abdullah, lead counsel for the former premier, said this before judge Collin Lawrence Sequerah during the hearing of an application to have Gopal Sri Ram removed from the prosecution team.

Arguing that the involvement of Sri Ram, a former judge, in the proceedings would impinge on the process of justice, Shafee said the prosecution has control over what evidence is submitted before the court. 

"Your Honour asked just now, 'Can't I control the proceedings?'

"I am sorry to say that Your Honour can control only what is submitted before you. If the prosecution decides to submit 'x' amount, that is what you control," he told the court.

"What if they (the prosecution) has 'x+1', and 'y' is more favourable to me (the defence), but they are not submitting it to the court because it is in my favour?

"They are not telling us, they are not telling the court. How would Your Honour control the situation?" he told the court.

'Sri Ram cannot be impartial'

Earlier, Shafee's co-counsel Harvinderjit Singh (photo) argued that Sri Ram should not be allowed to prosecute cases against Najib, as the former judge had been involved in investigations into 1MDB.

Harvinderjit said that while it is allowed in the Criminal Procedure Code for a deputy public prosecutor to be involved in a probe, the same prosecutor should not be involved in its prosecution.

In his lengthy submission, Harvinderjit also claimed to the court that Sri Ram would not be able to practice impartiality as lead prosecutor.

He said this could be seen from previous statements made by attorney-general Tommy Thomas on Sri Ram's appointment as senior deputy public prosecutor in the cases involving Najib.

Thomas had told Malaysiakini and The Edge that Sri Ram's involvement in the investigation was "to push" the 1MDB-linked cases.

Harvinderjit also called the objectivity of the former judge into question, citing a previous case where he proposed strict bail conditions for Najib.

"I have never heard in white-collar cases of such conditions being imposed, or even attempted to be imposed.

"Why is he (Sri Ram) doing this? My answer is simple, because it is political. Again, is this person going to be objective?" he asked before the court.

'Injustice will prevail'

Speaking to Malaysiakini later, Shafee (photo) explained that his submission to the court was aimed at proving that injustice will prevail should a dishonest deputy public prosecutor be allowed to prosecute.

He reiterated that the court would have no control over what the prosecution decides to hide.

"In an adversarial court system, there are two parties and the judge is in the middle, like a referee. And in a criminal case, the party that initiates the case is the prosecutor.

"He (prosecutor) will present testimonies, and the judge and us would only know what it is when he submits it," he said.

"If the prosecutor decides to hide it, how would the judge know? That is why we said that he (judge) cannot control the proceedings.

"If a dishonest deputy public prosecutor is holding the trump card, he will be dishonest and the whole system will be unjust. Injustice will prevail."

The hearing is set to continue this Friday, with lead deputy public prosecutor Ahmad Akram Gharib expected to reply to the issues raised by Najib's lawyers.- Mkini