This article first appeared in The Edge Malaysia Weekly on May 6, 2019 - May 12, 2019

FORMER prime minister Datuk Seri Najib Razak has lodged an appeal against the Kuala Lumpur High Court’s decision last Monday to dismiss his application to strike out seven charges against him involving SRC International Sdn Bhd.

The appeal was filed last Thursday and his lead counsel in the application, Datuk Mohd Yusof Zainal Abiden, confirmed this when asked by The Edge.

On April 29, High Court judge Mohd Nazlan Mohd Ghazali ruled that the seven charges of criminal breach of trust (CBT), money laundering and abuse of power were in order as the claim that the charges were flawed was without basis and not supported by evidence.

In his ruling, Nazlan said there was no ambiguity in the charges against Najib and that the prosecution was entitled to frame the charges as they were.

“Money laundering, criminal breach of trust and abuse of power are distinct offences and there is no duplicity in the charges.

“The charges also comply with Section 165 of the Criminal Procedure Code. There is no legal impairment in the charges and in the end, it is the duty of the prosecution to present the charges and its case for it, and the court would evaluate it,” the judge added.

Nazlan said the three CBT charges against Najib were not defective as money laundering and CBT charges were found to be valid following a Court of Appeal decision where, in a case just like this, the accused was charged with money laundering and CBT.

The court also ruled out the double jeopardy argument brought by Najib’s defence team.

“Any conviction can be secured if the prosecution proves each of the offences. The defence had not shown how the applicant is prejudiced. Nine days of trial have passed and there is cross-examination done by the able defence. It is difficult to comprehend that the accused could have been misled,” the judge said, in describing the conduct of the trial and charges.

With this, Najib will once again have to go to the Court of Appeal, and possibly the Federal Court, to appeal against the decision.

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