PETALING JAYA: The defence team of Datuk Seri Najib Abdul Razak will file an application to disqualify Attorney-General Tommy Thomas from leading the prosecution in the case against the former prime minister.
Lead defence counsel Tan Sri Shafee Abdullah told an online news portal that the application would be filed within the next two weeks.
Shafee added that the application would contain all the statements issued by Thomas before Najib was charged earlier this week.
On Wednesday, Najib pleaded not guilty at the Kuala Lumpur High Court to three counts of criminal breach of trust (CBT) and one charge under the MACC Act, over RM42 million linked to the SRC International Sdn Bhd case.
He allegedly committed the breach of trust when he held office as prime minister and finance minister for nine years from 2009.
Yesterday, lawyers told theSun that there is nothing wrong with Thomas acting as the lead prosecutor in Najib's case.
Lawyer Andrew Khoo explained that the prosecution team has to believe in the case that they were bringing to court.
"If the prosecution does not believe in its case, it has no business bringing the prosecution. It is the court and the judge that cannot make a prejudgment of the accused," he told theSun when contacted.
Khoo was responding to Shafee's claim that Thomas should not be the prosecutor for his client as apparently, he made a prejudgement on Najib.
He also added that Thomas can act as a prosecutor although he is the current AG.
Fortify Rights legal director Eric Paulsen echoed the same reasoning and said that Shafee has jumped the gun.
"At the end of the day, it's for Tommy Thomas and his team to prosecute with facts and evidence, and ultimately for the judge to decide. I don't see how he has prejudged the case as after all he is the AG, it is his constitutional role to decide, at his discretion, whether to prosecute or not (based on the investigations), and for the judge to decide," he told theSun.