Attorney Haniff Khatri Abdulla has criticized what he claimed to be the faults of the Prosecutor General's Attorney General, which was postponement of the test of former Prime Minister Najib Abdul Razak in relation to state-owned SRC International Sdn Bhd.
Haniff, who previously acted as legal adviser to Prime Minister Dr Mahathir Mohamad, uses the Malay proverb "tahan jerat sorong kepala"to describe the persecution, which means that you are trying to catch someone, but backtrack.
The lawyer said it was clear that Najib's defense team was trying to delay the case, but found certain steps of the Prosecution to be strange.
The first mistake, said Haniff, was the decision of the Prosecution to save Najib with another three charges about the SRC International case, in addition to the existing seven charges, only 15 days before the lawsuit.
"The question is why it is necessary to add more costs to SRC International when the priority, in terms of justice, for at least one of the cases is to go to the process as planned on February 12, as desired by so many who have been waiting for the criminal proceedings, "he said.
On 28 January the Prosecution hit Najib with another three costs in the framework of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (Amlatfa) at the Supreme Court of Kuala Lumpur only to request legal aid Mohd Nazlan Mohd Ghazali to grant discharge that does not amount to an acquittal on 7 February.
Attorney General Tommy Thomas, in his statement, had said that there was an argument about whether the three charges would be one joining with the other seven loads.
He added that the three charges would then be brought against Najib separately at the Sessions Court at a later date.
Najib was charged with the three counts of money laundering involving SRC International at the Sessions Court on 8 February. The Prosecution has also announced that they want to transfer the three charges to the High Court.
Another misstep, Haniff said, was the Prosecutor's decision to withdraw the evidence of transfer for the seven SRC charges, which formed the basis for the transfer of the Sessions Court case to the High Court.
On the basis of the Code of Criminal Procedure, the transfer of a case from the Sessions Court to the High Court can be done by means of a certificate of transfer or by a judge.
Thomas (photo), in pull back the certificate of transfer and the question that the judge used his discretionary powers to transfer the case instead, had said that this was to avoid any argument that the transfer was a nullity.
However, Haniff said that the act of withdrawal itself had become a point of argument, which had formed the basis for the appeal and Najib's request that was granted by the court of appeal.
"It provided the defense with the opportunity to claim that at that time there was no procedure before the High Court to transfer the seven charges under section 417 of the Code of Criminal Procedure and that they should be mentioned in the Sessions Court , " he said.
Haniff wondered why it took the prosecutor six months to change the way the case was transferred from the Sessions Court to the High Court, which first took place on August 10, 2018.
He added that the step of withdrawing the transfer certificate on 7 February was only five days before the trial date.
"Honestly, Malaysians have the right to demand the prosecutor to give a reasonable explanation for his carelessness.
"The defense is expected to find ways to postpone and postpone the trial, but it is sad and hurtful that the prosecution, which is expected to be professional, has contributed to a major delay in the lawsuit," said he.
The Court of Appeal has unanimously granted Najib's application today, pending its appeal to the Prosecution's withdrawal of the transfer certificate.