Src Case Transfer Najib Not Given Chance To Respond Says Shafee

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Lawyer Muhammad Shafee Abdullah told the Court of Appeal in Putrajaya today that his client Najib Abdul Razak was not given the opportunity to respond to Attorney-General Tommy Thomas’ application to withdraw the transfer of the ex-premier’s case involving SRC International to the Kuala Lumpur High Court
He said that at the High Court on Feb 7, the defence was caught by surprise when Thomas made the application to transfer Najib’s case from the Kuala Lumpur Sessions Court to the High Court
Shafee told a three-person bench chaired by Justice Zabariah Mohd Yusof that they were not allowed to argue and this went against the principle of natural justice which gave all parties the right to be heard in a court case
He was submitting on Najib's application for the High Court decision on the transfer of his case from the Sessions Court be overturned
“We (the defence lawyers) stood up and asked for time (to prepare and present arguments against the application)
“We were taken completely by surprise as the PP (Public Prosecutor) was prepared with authorities (legal references and documents to support a legal application)
“The defence then applied for the (High Court) proceedings to be adjourned (to another date to allow the defence) to study the matter
“However, the High Court judge then proceeded to deliver his decision (allowing the transfer's withdrawal certificate)“No consideration (was given to the defence). Just delivered the decision even though we pointed out serious factors for the judge to consider our adjournment (application) for three or four days,”Shafee said that the matter was made worse by a later full decision of the High Court judge issued on Feb 15 which added additional points not dealt with on Feb 7
He reiterated that the full judgment of the High Court was illegal and unconstitutional
“We seek (for an order by the Court of Appeal) for the (High Court’s judgment to be overturned and the matter be sent for rehearing before a different High Court judge
appellant be charged afresh at the (Kuala Lumpur) Sessions Court.
After Najib’s legal team wrapped up their submissions today, Zabariah fixed Monday for Thomas to submit
The SRC trial was initially scheduled to commence on Feb 12, but it was adjourned after the Court of Appeal allowed Najib’s application for a stay pending four related appeals, which include the withdrawal of the transfer to the High Court
Najib’s appeal in regards to the withdrawal certificate is one of four appeals linked to the ongoing SRC case at the lower courts. - Mkini

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