Najib’s lawyers want equal access to docs in RM42m SRC case

Najib Abdul Razak’s lawyers have appealed for the recovery of documents and statements from parties prosecuting the former prime minister on seven charges pertaining to SRC International.

Lawyer Harvinderjit Singh told the Court of Appeal in Putrajaya today it was “desirable and necessary” that the prosecution submit all admissible documents to the court as well as the defence prior to the trial.

This was especially since the defence was required by the MACC Act 2009 to submit its documents beforehand.

He explained that it was in the interest of “fair play” that this should be ordered.

“The only person who suffers in this whole ordeal is the accused,” Harvinderjit told a three-member bench comprising Zabariah Mohd Yusof, Lau Bee Lan and Rhodzariah Bujang.

Najib was present in court today and was dressed in a dark blue suit.

He was previously slapped with seven charges for criminal breach of trust, abuse of power and money laundering involving RM42 million from SRC, a government-owned firm linked to 1MDB.

Is the gov't a private litigant?

Jointly heard today were two other appeals in relation to the case.

One was about the “gag order” on the media which the defence had previously applied for.

Rather than a gag order, Harvinderjit asked the court today to issue a “direction” to the public on how the trial could be reported or discussed.

He contended that Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali’s grounds for dismissing their initial application had comprised several paragraphs which could be construed as a direction to that effect.

In response, Attorney-General Tommy Thomas (photo) said the paragraphs “could not be read on its own” and contended that Nazlan’s judgment to be read in its entirety.

Another appeal heard was Najib’s application to remove Sulaiman Abdullah from being the lead prosecutor in the case.

Harvinderjit questioned why the prosecution had refused to produce the fiat stating Sulaiman’s appointment, to which Thomas responded that the government, like all litigants, was not compelled by law to disclose how its lawyers are appointed.

Thus Najib, added Thomas, had no legal right or interest to question Sulaiman’s appointment.

“The government of Malaysia is no different from private clients.

“[...] Nobody, the court or an adverse party, has business to look into the relationship between a lawyer and their client,” the attorney-general said.

Also appearing for Najib today was Muhammad Shafee Abdullah, who disagreed with Thomas.

“The attorney-general is not a private client,” he said, adding that Najib had a legitimate reason to request for the fiat as it was a public document.

No decisions were made today.

The hearing for these appeals, as well as Najib’s appeal against Nazlan’s decision to allow Thomas to withdraw the certificate to transfer the case from the Sessions Court to the High Court, will resume tomorrow.

The SRC trial was initially scheduled to commence on Feb 12 but it was adjourned after the Court of Appeal allowed Najib’s application for a stay pending these appeals.  - Mkini