Court issues stern warning against Najib over FB post

 

1MDB TRIAL | Former prime minister Najib Abdul Razak was warned to refrain from attacking prosecution witness and former Bank Negara Malaysia (BNM) governor Zeti Akhtar Aziz through Facebook.

Judge Collin Lawrence Sequerah issued the warning during his RM2.28 billion 1MDB corruption trial today.

The judge’s warning came following submissions by DPP Ahmad Akram Gharib and lead defence counsel Muhammad Shafee Abdullah earlier today.

On Jan 5, the prosecution applied for the court to issue a warning to Najib over his Facebook post on 1MDB-linked allegations against Zeti.

The complaint was over Najib’s Facebook post on Dec 29 last year, which contained claims against Zeti and her family in relation to 1MDB funds.

Following that Zeti had issued a media statement on Dec 31 refuting the allegations.

In a brief ruling today, Sequerah said that any of the previous statements by Zeti did not justify the accused to upload the online post.

"The accused cannot make a statement as though conducting a trial through the public domain. No statement can be issued in respect against the trial.

"The accused's statement amounted to an attack on the prosecution witness. But the prosecution does not move this court except for a stern warning.

"The court, therefore, issues a stern warning to the accused not to repeat the action in order to preserve the integrity of the trial," Sequerah told Najib who was in the dock.

After the ruling today, Shafee applied for proceedings to be postponed to another date.

The lawyer said this is because he has to visit a hand surgeon to help him prepare for surgery of his right wrist.

Sequerah then adjourned proceedings for today and for the trial to resume on Feb 8.

When met by the media after the proceedings, Shafee said that the defence would not be appealing against today’s decision.

Najib is on trial for four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion of 1MDB's funds.

Aside from being the former prime minister, the accused was also finance minister and chairperson of the board of advisers of 1MDB at the time.

1MDB was fully owned by the Minister of Finance Incorporated (MOF Inc).

Meanwhile, earlier during submissions today, Akram told the court that a warning should be issued against Najib because the accused’s FB post could amount to interference in the due course of justice.

The DPP said that prior to the Dec 29 FB post, the accused already knew that Zeti would be the 26th prosecution witness.

“The accused, knowing that Zeti is a witness for the prosecution, has attacked her credibility and brought her character into odium and contempt by way of his Facebook postings.

“It is submitted with respect that it is not open to the accused to conduct his defence, particularly attacking witnesses for the prosecution, by means of the social media.

“His conduct in all circumstances of the case undermines the administration of justice,” Akram said.

However, Shafee countered that Najib’s Dec 29 FB posting last year was a valid response against Zeti’s alleged much earlier statements made to the media.

The lawyer said among these alleged earlier statements was the one released to the media on July 3, 2018, which was a day before Najib was charged at court with the separate RM42 million SRC International corruption case.

Shafee claimed that Najib’s FB post was merely asking Zeti for the truth behind the 1MDB-linked allegations.

“The prosecution’s application which (posited that) Zeti was merely sitting quietly and my client (Najib) attacked (first) is wrong as Zeti made the (much earlier) statement and my client had to respond,” Shafee argued.

“He (Najib) did not cast the first stone,” the lawyer contended. - Mkini