This article first appeared in The Edge Financial Daily on March 19, 2019

PUTRAJAYA: Attorney-General (AG) Tommy Thomas denies that there was a breach of natural justice against former premier Datuk Seri Najib Razak, as claimed by his lead counsel in the SRC International Sdn Bhd case.

This, Thomas said, could be seen from the notes of proceedings at the High Court and the judgement by Justice Mohd Nazlan Mohd Ghazali, which showed that Najib had been allowed to exercise his rights.

The AG also said the judge was not writing a second judgement on his decision but merely expanding on the brief oral decisions he had already given resulting in the present appeals before this Court of Appeal.

The former premier is facing seven charges of criminal breach of trust and abuse of power in relation to RM42 million from SRC International, a former subsidiary of 1Malaysia Development Bhd.

He is appealing four interlocutory matters involving Mohd Nazlan’s decision — namely not placing a gag order on the media, allowing senior lawyer and former Malaysian Bar president Sulaiman Abdullah to lead the prosecution, not allowing the defence to have more documents and the question of the transfer of this case from the Sessions Court to High Court following the withdrawal of the transfer certificate under Section 418 Criminal Procedure Code (CPC).

Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah had told the court that the lawyers were not given a chance to submit on the question of the withdrawal of the certificate.

He further objected to the judge’s decision to continue hearing the case despite the withdrawal of the Section 418 certificate,

In response, Thomas said Muhammad Shafee and Havinderjit Singh were given ample time by the High Court to have their say.

The AG presented to the court several pages of the appeal records which showed that the two had been allowed to submit on the issue of the withdrawal of the Section 418 certificate.

“It is absurd under such circumstances for Najib to say there has been a breach of natural justice,” he said.

 Thomas said both parties, including the defence, agreed that this trial should be heard before the High Court, and hence there should not be such strenuous objections by the defence.

“The judge had jurisdiction to effect the transfer of the case to himself under Section 417 of the CPC especially when he had previously heard all preliminary issues, case managed it and fixed the trial dates.,” the AG said.

 He added that these challenges put up by Muhammad Shafee and Havinderjit were to merely delay the trial at every stage.

“Najib’s lawyers’ invitation to set aside (Mohd) Nazlan’s judgement and remit the case before another High Court judge is solely to delay the trial,” said Thomas.

 Datuk Zabariah Mohd Yusof, who led the panel, said the bench would deliver their decisions on the four appeals on Thursday.

The other judges who sat with Zabariah were Justice Datuk Rhodzariah Bujang and Datuk Lau Bee Lan.