PUTRAJAYA, Feb 7 — The Court of Appeal today allowed for an adjournment to hear three appeals by former prime minister Datuk Seri Najib Razak involving interlocutory matters in connection with his criminal charges over funds belonging to SRC International Sdn Bhd.
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah sought the adjournment because he wanted the Court of Appeal to decide on the fundamental issue involving the prosecution’s decision to withdraw the Certificate of Transfer over three other related charges that were first slapped on his client on January 28.
“Since Section 418(a) certificate of transfer (under the Criminal Procedure Code — CPC) was withdrawn, the matter has got to go back to the subordinate court, which is the Sessions Court.
“He (Attorney General Tommy Thomas) invited the (High Court) judge either to allow the party to make an application under Section 417 of the (CPC) which is based on the judge’s own decision.
“Our submission, which has direct value on the appeal today, is that once the 418(a) certificate is withdrawn, there is no longer any subsisting proceeding in the High Court. It has to go back to the Sessions Court and come up all the way to the High Court again,” argued Shafee.
He pointed out to the three-judge bench led by Datuk Kamardin Hashim that even Thomas himself had voiced his doubts over the legality of the three charges that he submitted to the High Court late last month.
The other two justices on the bench were Datuk Mohamad Zabidin Mohd Diah and Datuk Harmindar Singh Dhaliwat.
Shafee said that Najib’s defence team had filed an appeal with the Certificate of Urgency attached over the matter.
However, the AG also placed a condition on the adjournment, saying that the defence must still go on trial to which Shafee and his team agreed.
Earlier today, the High Court decided to grant Najib a discharge not amounting to acquittal over three money laundering charges after Thomas applied for it.
