Sri Ram to remain as senior DPP in Najib's audit report tampering case

Former Federal Court judge Gopal Sri Ram will remain as ad hoc deputy public prosecutor in Najib Razak's 1MDB audit report tampering trial.

The 69-year-old former prime minister lost his appeal in the Federal Court today to disqualify Sri Ram from continuing to act as senior deputy public prosecutor and appearing on behalf of the public prosecutor for that case.

A three-member Federal Court bench comprising justices Vernon Ong Lam Kiat, Zabariah Mohd Yusof and Hasnah Mohammed Hashim unanimously dismissed Najib's appeal, ruling that there was no evidence of bias on Sri Ram’s part following his appointment as senior deputy public prosecutor.

Ong, who led the panel, said the court agreed with the High Court and the appellate court that there was no evidence to show that Sri Ram had participated in the investigation process and carried out the investigation in Najib's 1MDB cases.

"We do not think the High Court and the Court of Appeal committed error of law warranting appellate intervention," he said.
 
However, Ong said the courts had the inherent jurisdiction to disqualify a lawyer from acting as deputy public prosecutor in any criminal case.

Najib had applied to disqualify Sri Ram from his audit tampering trial, seeking a declaration of conflict of interest between Sri Ram's appointment as senior deputy public prosecutor and his continuous practice as an advocate and solicitor.

He also sought a declaration that Sri Ram had acted in conflict of interest of his appointment as senior deputy public prosecutor, having displayed bias and having preconceived and pre-determined notions of Najib's guilt even before the latter was officially charged in any court.

In his application, he also sought an order that Sri Ram be disqualified from continuing to act as senior deputy public prosecutor or appearing on behalf of the public prosecutor in his other 1MDB-related criminal cases.

The other 1MDB-linked trials against Najib still pending in the Kuala Lumpur High Court are the 1MDB case, the criminal breach of trust case involving payments to the International Petroleum Investment Company, and the money-laundering and power abuse case linked to 1MDB.

The High Court dismissed Najib's appeal on Feb 15. On Sept 8, he lost his appeal in the Court of Appeal.

The High Court has fixed Jan 30 next year to give its verdict on whether Najib and former 1MDB CEO Arul Kanda Kandasamy will be acquitted or ordered to enter their defence in the audit tampering case.

Najib is charged with using his position to order amendments to the final 1MDB audit report before it was presented to the Public Accounts Committee, to avoid any action against him, while Arul Kanda, 45, is charged with abetting Najib in making the amendments to the report, to protect him from being subjected to action.

The offence was allegedly committed at the Prime Minister's Department Complex, Federal Government administrative centre in Putrajaya between Feb 22 and 26, 2016.

Najib began serving a 12-year perison term after the Federal Court upheld his conviction and jail sentence and RM210 million fine for the misappropriation of RM42 million in SRC International funds in August this year. 

Lawyer Muhammad Shafee Abdullah represented Najib while the prosecution team was led by Sri Ram.