Najib Abdul Razak has failed again to recuse former federal court judge Gopal Sri Ram from prosecuting the former prime minister’s 1MDB-linked court cases.
Today’s three-person Court of Appeal bench, chaired by judge Yaacob Md Sam and also comprised judges Lee Heng Cheong and Che Mohd Ruzima Ghazali, unanimously dismissed Najib’s appeal to disqualify ad-hoc deputy public prosecutor Sri Ram.
The bench ruled that Sri Ram is a fit and proper person to be appointed as senior DPP under Section 376 (3) of the Criminal Procedure Code (CPC).
Today is set for decision in Najib’s appeal against the Kuala Lumpur High Court decision on Aug 28 last year, which denied the former premier’s legal challenge against the validity of the DPP appointment of Sri Ram, who is currently a lawyer in private practice.
Najib had also previously mounted numerous unsuccessful legal bids to remove Sri Ram as a lead member of the prosecution team in the former prime minister’s RM2.28 billion 1MDB corruption trial and 1MDB audit report trial.
The Court of Appeal bench today also dismissed a similar appeal by lawyer Muhammad Shafee Abdullah, who failed in his High Court bid to disqualify Sri Ram from being the DPP in his ongoing criminal court case.
During online proceedings, Yaacob ruled that Sri Ram was properly appointed as senior DPP under Section 376 (3) as the provision is a stand-alone provision in the CPC that allows a legal practitioner, not from the Attorney-General’s Chambers (AGC), to be appointed.
“We are of the view that Sri Ram is more than qualified as a fit and proper person to be appointed as senior DPP.
“Section 376 (3) is a standalone provision for a fit and proper person to be appointed as senior DPP.
“The CPC (previous amendment) allows for the appointment of senior DPP (from a lawyer from private practice),” Yaacob said.
He added that the bench disagreed with contention from appellants Najib and Shafee over the allegation of conflict of interest linked to Sri Ram’s appointment as senior DPP.
“We are of the opinion that the High Court has not erred in dismissing the (appellants’) judicial review.
“We dismiss the appeals and affirm the High Court order,” Yaacob ruled.
Najib was represented by Shafee in today’s proceedings while for Shafee’s appeal, he was represented by lawyer Harvinderjit Singh. - Mkini
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