KUALA LUMPUR, Aug 30 — The prosecution has not asked the Court of Appeal to extend the deadline for it to file the court papers needed to continue its appeal against the acquittal of former prime minister Datuk Seri Najib Razak and former 1MDB CEO Arul Kanda Kandasamy over the alleged tampering of the auditor-general's audit report on 1MDB.

But the prosecution has also not said whether it intends to drop its appeal against Najib and Arul Kanda being acquitted, lawyers have said.

When contacted, Arul Kanda's lawyer Datuk N. Sivananthan said the appeal is now scheduled before the Court of Appeal panel in open court on September 12 "with the presence of both Arul Kanda and Najib being required”.

When asked if the prosecution has indicated whether it will discontinue its appeal against the acquittal of both Najib and Arul Kanda, Sivananthan told Malay Mail: "They haven't indicated”.

Lawyer Jasmine Cheong also appeared today for Arul Kanda in a case management of the appeal at the Court of Appeal.

When contacted by Malay Mail, Najib's lawyer Alaistair Brandah Norman also confirmed that the appeal is now set for a physical mention before a panel of judges at the Court of Appeal on September 12.

When asked if the prosecution has filed an extension of time application in order to file the petition of appeal or if the prosecution has indicated whether it will discontinue the appeal, Alaistair who attended the case management told Malay Mail, "none as far as I'm concerned”.

Last Monday, Sivananthan said the prosecution had not filed the petition of appeal — which is required for it to continue with its appeal — within the deadline due in the first week of July this year.

Sivananthan on that day confirmed that the prosecution had never applied for an extension of the deadline to file these documents at the Court of Appeal.

Asked if the prosecution’s failure to file the petition of appeal within the deadline means that the appeal against Najib’s and Arul Kanda’s acquittal would not be able to continue, Sivananthan had said that the appeal could be continued if the prosecution obtains from the Court of Appeal an extension of the deadline to file the petition of appeal.

Sivananthan had said the prosecution could apply for an extension of time even after the deadline for the petition of appeal’s filing has lapsed.

Sivananthan had also confirmed the appeal has to be officially recorded as struck off by the Court of Appeal before it can be regarded as discontinued, but said the appeal has yet to be discontinued or struck off.

Arul Kanda was previously reported to have sent a representation letter to the Attorney General's Chambers on July 20 to ask the prosecution to withdraw its appeal against his acquittal in the case.

Alaistair confirmed on August 28 that Najib has not filed any representation letter to the attorney-general to ask for the appeal in the 1MDB audit case to be discontinued.

After the High Court acquitted Najib and Arul Kanda on March 3, the prosecution filed the appeal against their acquittals on March 9 this year.