He cited decisions in a land compensation case involving Semenyih Jaya in 2017, as well as single mother Indira Gandhi’s challenge against her children’s unilateral conversion to Islam by her ex-husband in 2018.
In both cases, the Federal Court ruled that the court has judicial power, which no amendment to the law can remove.
The Court of Appeal is hearing Najib’s appeal against the prosecution move to withdraw a certificate to transfer his seven charges related to RM42 million in funds belonging to SRC International.
The trial was supposed to start on Feb 12 but was postponed pending the outcome of Najib’s appeals on the certificate, as well as a gag order on the media and public to prevent them from discussing the case.
Najib also wants the government to produce the appointment letter for lawyer Sulaiman Abdullah, who has been appointed as a fiat prosecutor in the SRC case.
Thomas said as AG, it is within his powers under the Federal Constitution to withdraw the certificate.
“The Criminal Procedure Code is also silent on the public prosecutor’s decision on withdrawing.
“They (Najib’s lawyers) cannot go around other provisions in the Code that doesn’t explain about the transfer of certificates,” he said.
He chided Najib’s lawyer Muhammad Shafee Abdullah on “not knowing the case laws on transfer certificates”.
Thomas also said that High Court judge Mohd Nazlan Mohd Ghazali, in allowing the withdrawal of the certificate on Feb 7, was merely giving out a brief oral judgment.
He said said Najib’s complaints on pre-trial issues were an attempt to delay his trial.
The Court of Appeal will decide on Najib’s applications on March 21.