KUALA LUMPUR: Najib Razak’s legal team informed the High Court today that it would file a motion in the Court of Appeal to determine whether an MP who is facing criminal charges can be allowed to attend Dewan Rakyat sittings.
His lead counsel Muhammad Shafee Abdullah said the motion would be filed soon as Najib’s application to attend the proceedings on Monday was refused.
“We are going to the Court of Appeal and perhaps the Federal Court to argue that an MP must be allowed to perform his statutory duty,” he told judge Mohd Nazlan Mohd Ghazali, who is presiding over Najib’s abuse of power and corruption trial.
Shafee said Nazlan had provided brief grounds for his ruling but asked if this could be expanded for reference when the motion is heard in the Court of Appeal.
On Monday, Nazlan refused Najib’s application to attend the first day of the Dewan Rakyat, saying the Pekan MP faces several charges.
Nazland also said it was uncertain when voting for motions, bills and constitutional amendments would take place.
The Dewan Rakyat will be in session for 12 working days until July 18.
On Monday, the house debated and passed a motion to require MPs and senators as well as their spouses and children to declare their assets.
The Pakatan Harapan government is also expected to put forth a constitutional amendment to lower the voting age from 21 to 18, which will need the support of two-thirds of the 222 MPs.
Today, Shafee made another application for Najib to attend a briefing for MPs this afternoon on the constitutional amendment.
“The support of my client and the opposition is needed as the government on its own does not have the two-thirds majority to amend the constitution,” he said.
He added that Najib would be able to know when the debate and vote on the matter will take place by attending the briefing.
Ad hoc prosecutor V Sithambaram did not object, saying the defence wants the trial to be stood down until 2.45pm.
“We (the prosecution) are very reasonable people,” he added.
Nazlan allowed the application but said today’s court proceeding would be extended until 5.30pm.
Najib faces three counts of criminal breach of trust, one charge of abusing his position and three counts of money laundering over SRC International Sdn Bhd funds amounting to RM42 million.
He is also accused of abusing his power as prime minister by giving government guarantees on SRC International’s RM4 billion loan from Retirement Fund Inc.
He was charged with committing the offences at AmIslamic Bank Bhd on Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between Aug 17, 2011, and Feb 10, 2015.
Earlier this morning, former SRC International director Suboh Md Yassin said he had no clear indication of the duties and functions of the company’s CEO CEO Nik Faisal Ariff Kamil and other senior executives.
He said he had not met with the company’s management at any time during his tenure as the non-executive director of SRC International.
“In fact, I do not know whether there was a management running the day-to-day affairs of SRC,” he said when cross-examined by lawyer Harvinderjit Singh.
Suboh said he only met Nik Faisal as the latter was also a SRC International board member.
The 42nd witness, who has been on the witness stand for four days, also said SRC International has a small staff. - FMT
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