Former federal court judge Gopal Sri Ram has dismissed as incorrect the allegation by former attorney-general Apandi Ali that Dr Mahathir Mohamad tried to have then-premier Najib Abdul Razak arrested in 2018.
Sri Ram also reiterated that findings from previous court proceedings confirmed his appointment as the deputy public prosecutor (DPP) in 1MDB-linked cases against Najib as well as proved his ability to conduct the prosecution fairly.
Sri Ram said this in an affidavit filed at the Kuala Lumpur High Court Registry yesterday in response to Apandi’s affidavit used to support a legal bid by Najib to oust Sri Ram from being part of the prosecution team against Najib in the 1MDB-linked cases.
Apandi's earlier affidavit contained allegations that he had earlier uploaded to social media. He revealed that back in January 2018, Sri Ram had tried to coax him to play a role to arrest Najib on the alleged instruction of Mahathir.
Among the said 1MDB-linked cases against Najib are the RM2.28 billion 1MDB corruption trial as well as the 1MDB audit report tampering trial.
According to Sri Ram’s recent affidavit, he denied ever telling Apandi that he was sent by Mahathir (below) to meet Apandi as part of efforts to arrest Najib.
“At no time during our conversation did I ever mention that I had been sent by Mahathir,” Sri Ram said.
“The account of the conversation given by Apandi in Paragraphs 10, 11, 12 and 13 is not correct. Such conversation did not take place,” Sri Ram said.
Paragraphs 10, 11, 12 and 13 referred to portions of Apandi’s affidavit containing an allegation that Sri Ram tried to coax him (Apandi) to play a role in the arrest of Najib.
While confirming that he and another lawyer did visit Apandi at the latter’s home in January 2018, Sri Ram explained that the visit was in a purely professional capacity.
Sri Ram explained that the main purpose of the visit was to offer advice to Apandi on how to deal with cybertroopers, among others.
“During the meeting at their home, I rendered certain advice which is the subject matter of legal professional privilege. I am therefore unable to reveal the same,” Sri Ram said.
"I have not been guilty of any prosecutorial misconduct. Up to date, in all the trials I am handling, the prosecution has led evidence which is relevant and admissible.
“Ultimately, it is for this Honorable Court to adjudge the guilt or innocence of the accused based on the evidence in each of those cases,” Sri Ram added.
Najib’s legal bid to disqualify Sri Ram (below) is set for hearing before the Kuala Lumpur High Court on July 13.
Previously, the High Court dismissed Najib’s application for leave to commence judicial review to challenge Sri Ram’s appointment as the DPP in the 1MDB-linked cases.
However, the Court of Appeal granted leave to Najib to proceed with the legal bid. This was further upheld by the Federal Court which remitted the matter back down to the High Court.
Even before this current, ongoing disqualification bid by Najib in the civil jurisdiction of the judiciary, the former premier had filed a similar bid in the criminal jurisdiction of the court.
However, that attempt was rejected by the Federal Court in August last year. - Mkini
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