Sri Ram can continue to lead prosecution in cases against Najib and Shafee — appellate court

PUTRAJAYA (Nov 8): Former Federal Court judge Datuk Seri Gopal Sri Ram can continue to lead the prosecution in 1Malaysia Development Bhd (1MDB) cases against former prime minister Datuk Seri Najib Razak and lawyer Tan Sri Muhammad Shafee Abdullah as a senior deputy public prosecutor (DPP), according to the appellate court.

This is as the Court of Appeal on Monday (Nov 8) dismissed Najib and Shafee's joint judicial review appeal to challenge Sri Ram's appointment.

Justice Datuk Yaacob Md Sam, who led the bench, said the appellate court found no error in the High Court judgement in dismissing the application.

“The High Court did not err in its decision on this that warranted appellate intervention. We are of the view there was also no mala fide in the Attorney-General's appointment of Sri Ram to lead the prosecution team.

“We affirmed the High Court order and dismissed the appeal with no order as to costs,” he said.

Sitting with Justice Yaacob in making the unanimous decision were Justices Datuk Lee Heng Chong and Datuk Che Mohd Ruzima Ghazali.

Justice Yaacob also allowed Shafee's oral application — that costs of RM10,000 that were given by the High Court are also removed — following that the matter was left to the court by senior federal counsel Shamsul Bolhassan and Liew Horng Bin.

With the decision, Sri Ram can continue to lead the prosecution in cases against Najib, with the trial resuming on Tuesday (Nov 9) in the High Court.

Both Najib and Shafee had applied to remove Sri Ram from leading the prosecution team during the criminal proceedings and the appeals were dismissed all the way to the Federal Court.

They also separately applied to challenge the appointment by filing a judicial review application and this was dismissed by the High Court in August last year, resulting in the present appeal.

Justice Yaacob in his decision also said there was no need to appoint Sri Ram as a DPP first before appointing him as a senior DPP as the defence contended in its submissions.

He added that Section 376(3) of the Criminal Procedure Code (CPC) in the plain and ordinary meaning must be construed in harmony with Sections 377, 378 and 379 of the CPC.

“His (Sri Ram's) appointment as a senior DPP [directly] does not render his appointment to be null and void or to have no effect.

“There is also no requirement for the appointment of a senior DPP from the Judicial and Legal Service Commission,” he added.

In addition, the judge said the court found no doubt in the 78-year-old senior judge's legal background that he is more than qualified to be appointed as a senior DPP to handle the case.

In Monday's proceedings, Shafee along with Sarah Abishegam and Muhammad Farhan Muhammad Shafee appeared for Najib, while Harvinderjit Singh and Harvinder Singh Sidhu appeared for Shafee.

For the record, Shafee's ongoing additional income tax and money laundering trial is being led by DPP Afzainizam Abdul Aziz.

The complaint about Sri Ram is based on the former senior judge being given access and leeway to frame the charges in relation to 1MDB.

Najib, meanwhile, is facing a plethora of charges in relation to 1MDB and the 1MDB audit report, the trial of which is presently ongoing, along with the trial involving International Petroleum Investment Company (IPIC) and another three money laundering charges in relation to SRC International Sdn Bhd.

The former premier and Pekan Member of Parliament has already been convicted and sentenced to 12 years' jail and fined RM210 million for abuse of power, criminal breach of trust and money laundering in relation to RM42 million SRC funds.

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