KUALA LUMPUR: Tan Sri Muhammad Shafee Abdullah today criticised the Attorney-General's Chambers for its lack of preparedness in the RM6.6 billion money laundering case against Datuk Seri Najib Razak.
The senior lawyer questioned why the prosecution chose to charge the former prime minister and proceed to trial without ensuring that all necessary documents were ready and available for the defense.
"We have been asking the prosecution to hand over the documents for a long time.
"However, they failed to do so... why did you charge my client when you were not ready?" he said in his submissions, seeking a discharge not amounting to acquittal for all charges against Najib.
Earlier, Shafee, when submitting a permanent stay for the trial, described the sheer volume of cases his client faces as "carpet bombing," claiming it had stretched the defence and Najib to the breaking point.
He said Najib was battling seven criminal cases in different courts while defending multiple civil suits.
He said the relentless schedule requires the former Pekan member of parliament to appear in court almost every week, leaving little time for rest or preparation.
"He is appearing in court every week. We are equally 'carpet-bombed,' preparing cases, some of which are unusually difficult to handle."
Shafee argued that preparing for the cases was unusually challenging, as Najib's incarceration limited their ability to meet and strategise effectively.
High Court judge Datuk Muhammad Jamil Hussin dismissed Najib's application for permanent stay of proceedings.
A permanent stay of proceedings is more commonly associated with civil cases, but it can also be applied in criminal cases under specific circumstances.
Earlier, Datuk K. Kumaraendran, representing Tan Sri Mohd Irwan Serigar Abdullah, the co-accused in this case, applied for a discharge not amounting to an acquittal (DNAA) for his client.
Shafee also alternatively requested a DNAA.
Meanwhile, Deputy Public Prosecutor Muhammad Saifuddin Hashim Musaimi contended that the prosecution had no authority over classified documents governed by the Official Secrets Act.
"The process of declassifying documents labelled as secret or confidential is beyond the prosecution's control.
It depends on the relevant agencies holding these documents to decide whether they can be downgraded or not," he said.
The court set Nov 27 for all parties to resume their submissions.
Najib and Irwan were charged in October 2018 and had pleaded not guilty to six counts of CBT involving government funds used as payments to the International Petroleum Investment Company (IPIC).
They allegedly committed the offences at the Finance Ministry complex in Putrajaya between Dec 21, 2016 and Dec 18, 2017.
The charges, under Section 409 of the Penal Code for CBT by a public servant or agent, carry a maximum of 20 years' imprisonment, caning and a fine upon conviction.