Court dismisses Najib's bid to recuse Sri Ram from 1MDB-linked case

 

Najib Abdul Razak again failed to disqualify former Federal Court judge Gopal Sri Ram from prosecuting the former prime minister’s 1MDB-linked case.

The Kuala Lumpur High Court this morning dismissed the accused’s application to recuse Sri Ram from being part of the prosecution team in the former’s 1MDB audit report tampering trial.

Najib previously filed multiple unsuccessful bids at separate courts to recuse Sri Ram from prosecuting in the 1MDB-linked criminal cases.

Among the legal bids was the one on Aug 28, where the Kuala Lumpur High Court dismissed Najib's judicial review application that sought to disqualify Sri Ram from prosecuting in these trials.

During open-court proceedings this morning, judge Mohamed Zaini Mazlan ruled that Najib’s recusal application was without basis and misplaced.

The judge noted that Sri Ram, like any person, is entitled to his personal opinion and it remains just that.

“It would have been different consideration if it was demonstrated (Sri Ram’s opinion caused bias) when carrying out his duty as DPP.

“Nevertheless as highlighted by the respondent (prosecution team), it (alleged event showing bias via Sri Ram’s meeting with then attorney-general Mohamed Apandi Ali in early 2018) took place before Sri Ram was appointed as DPP.

“The applicant (Najib) has not made any application earlier to complain about Sri Ram’s conduct in the trial (1MDB audit report tampering case) involving the applicant.

“This lends credence to the respondent (prosecution contention) that Sri Ram has been above board in his conduct as DPP.

“The applicant’s allegation that Sri Ram has been involved in the investigation against him is without merit.

“There is nothing to support the application and it remains hypothetical,” Zaini ruled.

Former attorney-general Mohamed Apandi Ali

Najib’s 1MDB audit report tampering trial is set to resume on Monday next week.

Today was fixed for the decision on Najib’s recusal bid against Sri Ram.

The former prime minister's recusal application relied on an affidavit by former attorney-general Mohamed Apandi Ali, who alleged that Sri Ram had tried to coax him (Apandi) to play a role to arrest Najib.

In a Facebook post last year, Apandi claimed that Sri Ram approached him at his house in January 2018, supposedly under the instruction of former prime minister Dr Mahathir Mohamad.

Copies of a WhatsApp conversation between Apandi and Sri Ram were produced in previous court proceedings. The messages were supposed to have been sent after the alleged January 2018 meeting.

On June 12 last year, it was reported that Najib filed an application to disqualify Sri Ram as special prosecutor.

In the ongoing 1MDB audit report tampering trial, Najib is charged with using his position to order amendments to the sovereign wealth fund's final audit report before it was presented to the Public Accounts Committee (PAC), in order to prevent any action against him.

Co-accused and former 1MDB CEO Arul Kanda Kandasamy was charged with abetting Najib in making the amendments.

The charges are framed under Section 23 (1) of the MACC Act 2009, which specifies a jail term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction. - Mkini

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