KUALA LUMPUR: A renowned lawyer and a former federal court judge who returned to active legal practice will lead the prosecution against Datuk Seri Najib Razak on 1Malaysia Development Berhad (1MDB) and its related cases.
This follows the move by Attorney-General (AG) Tommy Thomas to step aside as lead prosecutor in the criminal cases against the former prime minister.
In a statement today, Thomas announced the appointment of former Bar Council president Datuk Sulaiman Abdullah who will take over as lead prosecutor in the case against Najib.
Sulaiman was lead counsel for former deputy prime minister Datuk Seri Anwar Ibrahim’s sodomy II appeal case.
Thomas also announced the appointment of Datuk Seri Gopal Sri Ram, a retired former federal court judge as senior deputy public prosecutor.
The appointments of the duo, according to Thomas, was due to his commitments and responsibilities as the AG.
As the nation’s top legal officer, he said his existing tasks would prevent him from fully devoting to the case which would go to trial next year.
Thomas added that having been in office for nearly three months, he had experienced first hand the demands of the offices of the AG and Public Prosecutor.
This was coupled with the varied and multitasked requirements of the chief legal officer in a reforming administration, he said.
Thomas said that he had come to the realisation that he cannot combine these onerous commitments with the simultaneous preparation and conduct the trial involving the former Prime Minister.
The seven week trial involving Najib has been fixed to commence on Feb 12, 2019 and is expected to be concluded on March 29, 2019.
A trial of such importance and complexity, he said, requires the full-time attention of lead counsel, not just during the duration of the trial, but also in the months leading to the trial, followed by the preparation of detailed written submissions after the trial.
“Unfortunately, the demands of equally urgent and pressing matters of state do not permit me the time required to focus on this prosecution,” he said in a statement, today.
Tommy said as such he had exercised his discretion under Section 379 of the Criminal Procedure Code (CPC) and had appointed Sulaiman to lead the prosecution in the case.
“Datuk Sulaiman is one of the nation’s leading barristers, having substantial experience in criminal law, including white collar crime.
“His eloquence is unmatched, and his intellect second to none. Datuk Sulaiman has impeccable integrity, and is a principled lawyer,” Thomas said.
The AG said that Sulaiman, and Gopal had agreed to waive all fees and would provide his services on a “pro bono” basis in the case.
Elaborating on the case against Najib, Thomas said that it is public knowledge that the Investigation Papers (IP) into the numerous fraudulent deals connected to the 1MDB affair had not been submitted to the AG's Chambers (AGC) by the Malaysian Anti-Corruption Commission (MACC) and the police.
The exception, he said, being one IP concerning fugitive businessman Low Taek Jho or Jho Low, which resulted in charges and the issue of warrants of arrest against him and his father last week.
He informed that upon receipt of the IPs from the investigating agencies, the AGC is required to study them, prepare charges and prosecute the alleged accused at trials.
Meanwhile on the appointment of Gopal, Thomas said the former has substantial experience in criminal law matters.
“His strong and determined personality will no doubt enhance the investigation and prosecution in all matters pertaining to the 1MDB scandal,” he said.
“With the twin appointments of the leading lights in the Malaysian Bar, our commitment to prosecute those responsible for the greatest kleptocracy in the history of the world with the gravity that it deserves, and that ordinary Malaysians expect, cannot be doubted," Thomas said.