The prosecution today filed an application notice to compel Najib Abdul Razak to personally apologise to the Kuala Lumpur High Court over two Facebook posts that allegedly constitute sub judice.
This was confirmed by DPP Muhammad Izzat Fauzan, who filed the application at the Kuala Lumpur High Court Registry this morning.
According to a copy of the notice, the prosecution also seeks a court order prohibiting the former prime minister from further publishing similar statements, and compelling him to remove the two posts.
The posts were uploaded on July 15 and 17 respectively this year.
They address the testimony of 47th prosecution witness Yeoh Eng Leong, with regard to the more than RM3 million allegedly spent using two credit cards linked to Najib.
The former AmBank Group senior vice-president's oral evidence was given on July 15, during the former premier's trial involving the misappropriation of RM42 million from SRC International Sdn Bhd.
The case is being heard before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.
'Intent to influence court decision'
According to a copy of a supporting affidavit signed by Izzat, the two Facebook posts when read as a whole were clear attempts by Najib to state his defence through social media and a commentary on Yeoh's testimony.
"This is clearly sub judice and was done with intent to colour the evidence before this honourable court and intended to garner support from the mass public to provide pressure and influence the decision of this Honourable Court.
"Such an act is clearly improper and is tantamount to interference with the due administration of justice and the legal process," the affidavit stated.
The prosecution claimed that the two posts amounted to comments and disclosures on judicial proceedings that prejudge and prejudice evidence given by Yeoh.
"It is not in the public interest to allow or permit such prejudicial publications that reflect on, adversely or otherwise, the evidence which is pending judicial determination of this honourable court," it added.
On July 18, it was reported that Justice Mohd Nazlan issued a reminder to Najib to refrain from uploading any more online posts that may constitute contempt of court.
In the first Facebook post uploaded on July 15, Najib defended the RM3.36 million charged to his credit cards in 2014, saying that it was used to purchase “gifts” for the royalty of another country. - Mkini
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