The court adjourned the hearing to Thursday when the panel will deliver its judgments on all four appeals.
The Court of Appeal was told today Datuk Seri Najib Razak was allegedly using every opportunity to delay his corruption trial involving RM42 million from SRC International Sdn Bhd.
Attorney-General (A-G) Tommy Thomas, in his capacity as public prosecutor (PP), claimed this was patent from Najib’s challenge of High Court judge Mohd Nazlan Mohd Ghazali’s decision to allow the A-G’s withdrawal of certificates to transfer the case from the Sessions Court to the High Court.
“Both parties agree that the case must be heard in the High Court. There is no quarrel on this.
“Yet, the appellant has raised various issues to delay the trial, at every stage of this case.
“Their challenges to the public prosecutor’s power in this appeal are unfounded and we pray that this appeal be dismissed,” he said.
Najib also appealed against Nazlan’s decision to transfer the case from the Sessions Court to himself in the High Court.
Thomas argued that the dispute was trivial as the matter still ultimately arrived at the High Court.
“The only question is the route taken to reach the destination at the High Court. That is all the fuss is about,” he said.
Thomas added that Nazlan could transfer cases to himself as Section 417(2) of the Criminal Procedure Code empowered judges to such transfers without a prior motion or request from the parties involved (suo motu) on one or more grounds under Section 417(1) of the CPC.
He further argued that Nazlan was already familiar with the case, having heard the preliminary matters and performed case management, including fixing the trial dates.
“Since the judge had power to do what he did, the proceedings are not vitiated by suspected illegality. The transfer can be regularised as there is no breach of law,” he said.
Section 417 of the CPC outlined the High Court’s power to transfer cases.
Today is the fourth and final submission of four interlocutory applications Najib made in relation to the SRC International charges.
It was heard before justice Zabariah Mohd Yusof, who led a three-member bench that included Rhodzariah Bujang and Lau Bee Lan.
Najib was present. He was represented by his lead counsel Muhammad Shafee Abdullah and Harvinderjit Singh.
After Thomas’s submission, Najib’s lawyer Harvinderjit then argued that the PP’s attempt to issue certificates to transfer cases was similar to a backdoor application.
“It is as good as saying the PP can write a letter and ask the judge to act on its own initiative.
“The only way the matter can be brought to the attention of the judge by the PP is by way of a motion under Section 417(2) read together with Section 418 of the CPC,” he said.
After hearing submissions from both parties, Zabariah then fixed March 21 to deliver the court’s decision, along with three other appeals that were heard last week.