D-Day Najib-Rosmah, but will the court ignore Najib's material witness status

Thursday is D-Day for Prime Minister Najib Razak and wife Rosmah Mansor’s court appearance to strike out their subpoena to appear in the Sodomy II trial. Already, expectations are high that the two will never take a step into a court room, but instead, as in the case of Mahathir Mohamad, their lawyers will represent them.

But although these two instances of men in power getting the courts to strike out summonses unfavourable to them is similar in that they reek of abuse of power, there are some clear differences that may sway the outcome.

In former premier Mahathir Mohamad's case, the subpoena was struck out because there was no clear evidence to show that Mahathir had ever met the accuser but in Sodomy II, by Najib’s own admission, he did meet Saiful. The very fact that Najib, then the Deputy Prime Minister, had denied the meeting but was forced to U-turn and confirm meeting Saiful can in itself support the conspiracy theory as mentioned by Anwar Ibrahim.

"The preparation entailed in this conspiracy was most elaborate and went all the way to the Prime Minister himself and his wife Rosmah Mansor both of whom by the complainant’s own admission had met him in their residence where he purportedly complained of being sexually assaulted," Anwar had said from the dock on the first day of his defence being called.

A material witness

Anwar's claim is that Najib and Rosmah conspired to plot the Sodomy II case against him and that both Najib and Rosmah must prove themselves not guilty of this claim. And since Najib is a material witness for having met complainant Saiful Bukhari Azlan just before the latter lodged his police report against Anwar, it is now for Najib to prove that his meeting with Saiful was really about scholarship issues, as he claims, and not to plot Anwar’s time in jail.

Otherwise, Najib cannot strike out the subpoena, he has to take the witness stand. Unless, of course, the court disgraces itself with yet another questionable decision that will be watched closely and evaluated upon by other nations and investors around the world.

These are things that Najib and his Umno party must take cognizance of. Malaysia is already in the early throes of a long drawn-out recession. It cannot afford further blows to its credibility and Najib has more than any other prime minister since independence in 1957 brought disgrace and scandal to the country.

The Umno Supreme Council would do well to take note and cut its losses with him, lest the country deteriorates into such a state it is no longer worth fighting over with the opposition.

Scorpenes-Altantuya on the 30th

And all this will happen on September 29, while on September 30 French lawyers will be giving their latest update in London on the Scorpenes kickbacks case involving shipmaker DCN, Najib, his close friend Razak Baginda and murdered Mongolian translator Altantuya Shaariibuu.

The detainment and deportation of French lawyer William Bourdon on July 22 is just another in the string of bizarre acts by Najib to cover up the corruption allegations against him.

Bourdon had confirmed to Penangites on July 21 that the French authorities had approved Suaram's request for an investigative judge - a major step forward for their case to uncover the bribes allegedly paid by DCN to top Malaysian officials, including Najib who was then the Defense minister sanctioning the deal.

In his presentation in Penang, Bourdon did not give details of the latest evidence uncovered by the French police. He was expected to share more details in the second briefing, which was due to be held in Kuala Lumpur on July 23. However, he had promised that Malaysians would get the "truth and justice" they sought. And as if sensing the danger ahead, he even told Malaysians to have courage.

"Despite many obstacles and although such proceedings are complex and difficult, the truth shall emerge in France and we will expose the corruption related to the submarine deal. We will reveal and disclose details on all the beneficiaries. I am confident in Malaysians to overcome difficulties and I wish you courage," William said.

Time for Umno to do its own spring cleaning

Prophetic words indeed, for upon reaching Kuala Lumpur from Penang, Bourdon was detained and deported. Small wonder if Malaysia is now ranked among the governments that not only repress and oppress their own citizens but also foreign nationals on visits to their clients.

More shameful is the clear inference that something in Bourdon's speech at the Penang fund-raiser had ruffled enough feathers to prompt his ejection from the country. Perhaps by doing so, Najib may have already marked himself as being 'guilty as charged'.

Buffed by the pomp and arrogance of office behind him, Najib may feel he has full control over what happens on the 29th. But what will transpire on the 30th is a different ball game. What the French lawyers will reveal in London is of high interest to Malaysians. Will we finally learn of who the third person was who accompanied Razak Baginda and Altantuya to Macau? Will we be given a full picture as to the depth of the corruption involved in the purchase of the Scorpene submarines that have put such a dent in the nation's coffers?

The last week of September is truly filled with drama, as we head into a general election widely expected to take place in November. Whether BN wins or loses, it is time for coalition boss Umno to wake up to the fact that it is time to change the channel, rid the nation of such scandalous characters and accept the people's call for a two-party system.

Malaysia Chronicle