In a unanimous ruling, the Federal Court today rejected Datuk Seri Najib Razak’s last attempt to remove former judge Datuk Seri Gopal Sri Ram as the lead prosecutor in his 1Malaysia Development Berhad (1MDB) trial set to begin August 19.
Chief Justice Datuk Seri Tengku Maimun Tuan Mat who chaired the seven-judge bench dismissed Najib’s appeal to disqualify Sri Ram as the prosecutor on grounds that the latter was acting in conflict of interest, failure to rebut allegations of perjury and bias.
The CJ announced the after hearing submissions on the issue for four hours.
“The appeal was devoid of merit. The Lower Courts did not err in its decision. We, therefore, dismiss the appeal,” she said.
Tengku Maimun said the Federal Court upholds the findings of the High Court and the Court of Appeals.
The Federal Court ruling also means that Sri Ram would now be allowed to lead the prosecution team in any case assigned to him.
However, Tengku Maimun ruled that the prosecution team must produce Sri Ram’s Letter of Appointment (LoA) as senior deputy public prosecutor in court and provide a copy to Najib’s lawyer.
“There is nothing material to show that the LoA is classified under the Official Secrets Act 1972.
“We, therefore, dismiss the appeal and order a copy of the LoA to be filed in court,” Tengku Maimun said.
The six other judges on the bench were the Chief Judge of Sabah and Sarawak Datuk Seri David Wong Dak Wah, Datuk Abang Iskandar Abang Hashim, Datuk Rohana Yusuf, Tan Sri Azahar Mohamed, Datuk Mohd Zawawi Salleh and Tan Sri Idrus Harun.
Sri Ram was appointed by Attorney-General Tommy Thomas as senior deputy public prosecutor in the 1MDB case last year.
Apart from 1MDB, Sri Ram has been assigned to prosecute in the International Petroleum Investment Co (IPIC) case involving Najib and former Treasury secretary-general Mohd Irwan Serigar Abdullah.
The former Federal Court judge is also assigned to prosecute Najib’s wife, Rosmah Mansor, her son Riza Aziz and Najib’s former special officer Rizal Mansor for corruption and money laundering.
In a statement on February 22, this year, Thomas said: “The government is entitled to the best legal talent in the country and the best legal talent may not be limited to the AGC.”
Deputy public prosecutor Ahmad Akram Gharib told reporters outside court later that the ruling means there are no more obstacles against Sri Ram to conduct criminal prosecutions.
“As it stands, Sri Ram can now prosecute and lead the team for Najib’s 1MDB trial that starts on August 19,” he said.
According to Ahmad, Sri Ram has also been assigned to lead the prosecution team involving Najib’s joint trial with Irwan over six criminal-breach-of-trust (CBT) charges involving RM6.64 billion scheduled to begin later in the year.
On May 7, the Court of Appeal unanimously ruled Sri Ram could continue to be on the prosecution team in Najib’s 1MDB case after Najib appealed an earlier High Court decision.
A three-judge Bench chaired by Court of Appeal judge Datuk Zabariah Mohd Yusof unanimously ruled that Najib’s appeal to get Sri Ram’s appointment letter on the grounds of the latter’s alleged involvement in the 1MDB investigations would not affect his rights to a fair trial.
On March 1, the High Court had dismissed Najib’s bid to disqualify Sri Ram, finding that there was no evidence to show the latter would be biased or that Najib would be denied a fair trial.