Najib engaged in multiple tactics to delay his criminal trial: AG

Attorney-General Tommy Thomas told the Court of Appeal today that Najib Abdul Razak is engaged in multiple tactics to delay the trial of his criminal case.

In a copy of the prosecution’s submission, Thomas noted that this is seen in the ex-premier’s appeal in regard to the Kuala Lumpur High Court allowing the prosecution to withdraw the certificate to transfer Najib’s case from the Kuala Lumpur Sessions Court to the High Court.

“Both parties agree that the case must be heard in the High Court. There is no quarrel on this.

“Yet, the appellant has raised various issues to delay the trial, at every stage of this case.

“Their challenges to the public prosecutor’s power in this appeal are unfounded and we pray that this appeal be dismissed,” he said.

Inclusive of his appeal over the certificate’s withdrawal, Najib’s four appeals at the Court of Appeal seek to reverse the High Court’s ruling over the interlocutory applications in his seven criminal charges related to SRC International Sdn Bhd funds totalling RM42 million.

Meanwhile, submitting before the Court of Appeal’s three-person bench chaired by Justice Zabariah Mohd Yusof, Thomas argued that Najib was never denied his right to be heard in relation to the prosecution’s withdrawal of the certificate.

He said this is because back on Feb 7 at the High Court, the judge had allowed Najib’s lawyer’s application to stand down for half an hour to respond to the withdrawal application raised by Thomas.

“It is absurd, under such circumstances, for the appellant (Najib) to say there has been a breach of natural justice (right to be heard).

“Even if there was, which is strenuously denied, the appellant can submit fully before this honourable court as this appeal is by way of rehearing as stated at the commencement of this rebuttal submission (by Thomas),” he said.

“There is no breach of natural justice, real or imagined, in this appeal,” Thomas said.

On Friday before the same panel, Najib’s counsel Muhammad Shafee Abdullah had submitted that the High Court judge had erred and that the matter be reverted to a different High Court judge as Najib was not allowed to respond to the prosecution’s withdrawal application.

In regard to Najib’s contention that the High Court judge’s full decision to allow the withdrawal of the certificate had added fresh grounds not raised by both parties during submission stage, Thomas described it as a startling proposition.

He said that there is no law saying that a judge is restricted to submissions of parties and cannot in his full grounds of judgment consider facts and law not addressed by parties.

“The judge has a duty to apply his mind independently to the facts and evidence in a given case,” Thomas said.

After both parties had finished submitting, the bench fixed March 21 for a decision on Najib's four appeals.

Besides the withdrawal of the certificate, Najib’s three other appeals are in regard to his application for a gag order to prohibit the media from discussing the merits of his criminal cases; his application for the recovery of documents and statements; and his challenge on the appointment of lawyer Sulaiman Abdullah as the lead prosecutor in his seven charges pertaining to SRC International.

Meanwhile, during submission by his counsel Harvinderjit Singh (above) at the Court of Appeal proceedings, Najib was seen dozing off while seated on a chair positioned against the dock.

On realising what had happened, an alert court police officer approached the sleeping ex-prime minister and nudged him while whispering something to him.

This jolted the ex-premier awake and he stayed that way for the rest of the proceedings.

On Friday, it was reported that Najib had quietly exited the courtroom in order to go to the toilet.

When the bench realised what had happened, the court was forced to adjourn the proceedings briefly until Najib reappeared. - Mkini