High Court denies Najib's request for statements of witnesses who didn't testify

The Kuala Lumpur High Court denied an application by Najib Abdul Razak to compel the prosecution to hand over statements of witnesses interviewed by the MACC and police, but never testified during the prosecution stage of the former prime minister’s RM42 million SRC International trial.

Judge Mohd Nazlan Mohd Ghazali also dismissed the former prime minister’s application to postpone the defence stage of the RM42 million SRC International trial, which is set to begin on Dec 3.

The decision was made after more than an hour of submission this afternoon by Najib’s (above) lead defence counsel Muhammad Shafee Abdullah and co-counsel Harvinderjit Singh, as well as Attorney-General Tommy Thomas and DPP V Sithambaram.

The court had set today to hear Najib’s application to compel the prosecution to hand over the statements of witnesses not called to testify during the prosecution stage or offered to the defence when the prosecution closed its case against the former premier.

Najib’s defence team also applied today for the start of the defence stage to be postponed, as they wanted more time to prepare due to the possibility of the ex-premier’s 1MDB final audit report tampering case commencing before a separate Kuala Lumpur High Court on Monday and continuing for the next two weeks.

A total of 57 witnesses testified during the prosecution stage of Najib’s SRC International trial, with the prosecution offering 66 witnesses to the defence when the prosecution closed its case against the former premier on Aug 27.

Earlier this morning, another High Court judge Mohamed Zaini Mazlan deferred to Monday his decision on an application by Najib’s defence team to postpone the 1MDB final audit tampering report trial.

This afternoon, Nazlan ruled that the High Court is bound by the precedent set by the Federal Court in past cases involving PKR president Anwar Ibrahim and Najib, which held that the witness statements recorded by the investigating officer under the MACC Act are privileged documents and not subject to disclosure at any stage of a trial.

Noting that the privileged nature of the statements is due to public policy aimed at curbing witness-tampering, Nazlan said the High Court is duty-bound to abide by the decisions set by the highest court of the land.

“(The prosecution) already offered (66 witnesses) to the defence, but (the defence team) is not satisfied, with the applicant (Najib) having not identified which (specific) witness statements that he requires and (did not state) the role of the witnesses as well as the relevance of this evidence.

“In this context, the applicant (Najib) appears to be on a fishing expedition,” Nazlan (above) ruled during the open court proceedings.

When Najib’s defence was called on Nov 11, Nazlan had allowed the defence’s application for the former premier to be exempted from attending this afternoon’s hearing.

It is understood that the exemption was sought as Najib is helping out the BN campaigning in the Tanjung Piai by-election in Johor.

Regarding the defence team’s application to postpone the defence stage start of the SRC International trial, Nazlan said he denied the bid because the defence had already been given sufficient notice to prepare in the event the former premier’s defence is called in the trial.

“In consideration of the background and progress of the (SRC International) trial and directions given (by Nazlan to the accused) in advance in regards to the prima facie decision (in the case against Najib) and for the defence stage (of the trial), I find there has been more than ample notice and reasonable time is given to the applicant (Najib) to restrategise the relevant arrangement.

“The adjournment application cannot be sustained. I dismiss the entirety of the application (by Najib to obtain the statements of witnesses, as well as for postponement of trial), and the trial will resume on Dec 3 as directed,” Nazlan said.

Najib’s counsel Harvinderjit Singh then stood up and informed the court that the defence team has instructions to file an appeal with the Court of Appeal in the event that the High Court ruled against the former premier’s application.

When the lawyer applied for the SRC International trial be stayed pending their appeal, Nazlan denied the stay application, citing there are no exceptional circumstances to justify the stay of proceedings.

“Given the Federal Court decision involving Najib, it (was ruled by the apex court) that stay of criminal proceedings is only granted in the rarest of circumstances, and the risk of nullity (of the present High Court trial if the Court of Appeal allows Najib’s appeal to stay the SRC International trial) does not operate as the stay needed for the accused (Najib) to mount his defence for the trial.

“I find the basis for the application is not sustainable and dismiss the stay application,” Nazlan ruled.

Nazlan was referring to the Federal Court decision on March 27, which lifted the stay on Najib’s RM42 million SRC International case. - Mkini