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Saturday, July 20, 2019

In unprecedented move, both parties seek 1MDB trial postponement


The prosecution and defence in former premier Najib Abdul Razak's upcoming 1MDB trial set a precedent today when both filed appeals to postpone the start of the case’s hearing.
Both separate legal teams filed their respective notices of appeal today against judge Collin Lawrence Sequerah’s ruling, which had dismissed Attorney-General Tommy Thomas' bid for the postponement of the trial.
The 1MDB trial, which concerns the misappropriation of RM2.28 billion from the state fund, is set to begin on Aug 19 at the Kuala Lumpur High Court.
Deputy public prosecutor Ahmad Akram Gharib, who is part of the prosecution team in the 1MDB case, confirmed in a brief text message that the prosecution had filed the appeal today.
Najib's lawyer Muhammad Farhan Shafee also confirmed via text message that the defence had also lodged their appeal today.
Both sides are concerned about the possibility that the Aug 19 date for the 1MDB trial before Sequerah will clash with Najib's ongoing SRC International case.
The current trial, which involves the misappropriation of RM42 million from former 1MDB subsidiary SRC International, is being heard before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.
Yesterday, it was reported that Sequerah dismissed the prosecution's bid for postponement, stating that he did not find any reasonable cause to allow the vacating of the Aug 19 1MDB trial date.
The unprecedented nature of today's simultaneous appeals by the prosecution and defence, both of which seek the same outcome, was itself foreshadowed during Najib's SRC trial yesterday.
Yesterday, Sequerah delivered his ruling during proceedings that took place between the morning and afternoon sessions of the trial before Nazlan.
During Nazlan's court in the afternoon yesterday, Thomas informed the judge about Sequerah's ruling, and that the prosecution would be appealing the verdict.
"Our position is that as Aug 16 approaches, we (prosecution) have not approached the end of this case (SRC International trial), and we want this case to be completed," Thomas said.
At this juncture, Najib's defence counsel Harvinderjit Singh stood up and told Nazlan that the defence is also supportive of the appeal as they are in the same position.
This prompted DPP V Sithambaram to stand up and remark,"In all my years (in court), never have I seen both parties appealing and agreeing (at the same time)", prompting chuckles from both the prosecution and defence.
Separate prosecution teams conduct the 1MDB and SRC trials, respectively. However, the same defence team led by veteran lawyer Muhammad Shafee Abdullah is involved in both cases.
Najib's SRC trial is scheduled to end on Aug 16, but with the earlier understanding that further trial dates could be fixed after that, while Sequerah insisted that the 1MDB trial would begin on Aug 19.
According to the earlier schedule, the 1MDB trial would also run from Aug 20 to 22, Aug 26 to 29, with further trial dates in September, October, and November. - Mkini

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