KUALA LUMPUR, Aug 28 — The prosecution’s has not filed the doc within the deadline required to continue with its appeal in opposition to the High Court’s acquittal of former prime minister Datuk Seri Najib Razak and former 1MDB CEO Arul Kanda Kandasamy within the trial over the alleged tampering of the auditor-general’s audit report on 1MDB.
Arul Kanda’s lawyer Datuk N. Sivananthan confirmed that the prosecution had not filed the doc on the Court of Appeal in opposition to the acquittals of each Najib and Arul Kanda, and stated the case will now be introduced up within the Court of Appeal once more on August 30.
“The matter is now mounted for case administration on thirtieth August for the court to resolve whether or not the matter ought to thereafter be mounted for case administration earlier than the deputy registrar or for point out earlier than the panel of the Court of Appeal.
“This is due to the truth that no petition of appeal has been filed by the prosecution even if the time for submitting has elapsed,” he informed eNews Malaysia when contacted, following a case administration on the Court of Appeal right this moment.
Asked by eNews Malaysia, Sivananthan stated the deadline for the prosecution to file the petition of appeal was due within the first week of July this 12 months, and confirmed that the prosecution had but to apply for an extension of the deadline to file these paperwork on the Court of Appeal.
“To date no extension of time was ever utilized for by the prosecution,” he stated.
When requested if the prosecution’s appeal is discontinued, Sivananthan confirmed the appeal has to be formally recorded as struck off by the Court of Appeal earlier than it may be thought to be discontinued.
“It nonetheless has to be both discontinued or struck off neither of which has been accomplished,” he stated.
But requested if the prosecution’s failure to file the petition of appeal within the deadline signifies that the appeal in opposition to Najib’s and Arul Kanda’s acquittal wouldn’t have the option to continue, Sivananthan stated that the appeal might be continued if the prosecution obtains from the Court of Appeal an extension of the deadline to file the petition of appeal.
“Unless prosecution applies for extension of time to file petition of appeal and allowed,” he stated.
He stated the prosecution may apply for an extension of time even after the deadline for the petition of appeal’s submitting has lapsed: “One can apply for abridgement of time to file out of time.”
Apart from Sivananthan, lawyer Jasmine Cheong additionally appeared for Arul Kanda in the course of the case administration right this moment.
Previously, it was reported that Arul Kanda had on July 20 despatched a illustration letter to the Attorney-General’s Chambers to ask the prosecution to withdraw its appeal in opposition to his acquittal within the case.
When contacted by eNews Malaysia, Najib’s defence lawyer Alaistair Brandah Norman confirmed the case will come up for case administration once more on August 30.
“This matter has now been mounted for one more case administration on 30.08.2023 both earlier than the Deputy Registrar or the panel of the Court of Appeal, as we’ve taken the place that the appeal is flawed,” he stated.
Alaistair confirmed that Najib has not filed any illustration letter to the attorney-general to ask for the appeal within the 1MDB audit case to be discontinued.
Lawyers Tan Sri Muhammad Shafee Abdullah and Muhammad Farhan Shafee additionally appeared for Najib on this case.
After the High Court on March 3 acquitted the duo, the prosecution had on March 9 this 12 months filed the appeal.
Previously in Najib’s separate felony case involving SRC International Sdn Bhd’s RM42 million, the prosecution had filed a discover of appeal on the Court of Appeal to search heavier penalties after Najib was convicted on the High Court, however the prosecution additionally didn’t file a petition of appeal within the deadline and that appeal additionally lapsed and was not continued.
Najib subsequently failed in his appeals in opposition to his conviction at each the Court of Appeal and the Federal Court within the SRC case, and he has been serving his 12-year jail sentence since August final 12 months.
