MACC's move to disclose recordings of Najib Abdul Razak's telephone conversations could prolong the former premier's 1MDB-related trials, said former Court of Appeal judge Mah Weng Kwai.
He said the audio clips could amount to sub judice with regard to the ongoing RM42 million SRC International trial, RM2.28 billion 1MDB trial and 1MDB audit report tampering trial.
Since Najib's legal team is contemplating legal suits against MACC and its chief commissioner Latheefa Koya, Mah said such a move would delay the cases.
The trials could also be delayed if the parties involved applied to use the recordings for their case.
Amid questions over the legality of tapping Najib's telephone calls, Mah pointed to two previous cases where illegally obtained evidence was allowed to be admitted.
He said the Supreme Court decided as such in Ramli Kechik v Public Prosecutor (1986) as did the Court of Appeal in Hanafi Mat Hasan v Public Prosecutor (2006).
Therefore, the former judge predicted that Najib's legal team would seek to admit parts of the audio recordings for their defence.
“There may be a protracted delay in the trial of the (1MDB) cases because I would think it is only reasonable that the defence would apply to have this bit of audio recording, if any part of the recording is in their favour.
“So you (will) have another round of proceedings to determine whether or not these recordings should be introduced into the trials which are going on now [...],” he told Malaysiakini.
“I would have thought getting on with the trials would have been the utmost importance,” he added.
Why the urgency?
In view of the possible repercussions, Mah said he was “surprised” by MACC’s disclosure and questioned the purpose and timing of the move.
“What was the urgency in disclosing it at this time?” he asked.
“If MACC felt that the information could be introduced as part of the evidence in the court cases now, they should (have) just gone ahead and did it.
“Prove the authenticity, contents and significance of everything in court. Then it is fair to everybody,” he added.
Similarly, former High Court judge Syed Ahmad Idid also questioned the timing of the disclosure.
“I am on a journey and do not have time to fully listen to the tapes.
“From what appeared in the press, the publication of the conversations seem untimely but the MACC chief may have sound cause to splash it at this time.
“Those who consider this act as sub judice can obtain the court's judgment. Others will wait for the next installment of the ongoing justice system,” he told Malaysiakini.
Aside from the two former judges, lawyers Mohamed Haniff Khatri Abdulla and Ramkarpal Singh had also expressed concern over the disclosure.
Calling the move “improper and regretted”, Ramkarpal said it was up to the courts alone to determine if the audio recordings pointed to criminal wrongdoing.
“It has to be said Latheefa should not have done so as this can amount to a trial by media of those implicated in the said recordings,” he added.
Lawyer says public has right to know, Patriot lauds Latheefa
Lawyer Lim Wei Jiet, however, agreed with MACC's move as the serious issues implied in the recordings elevated them from ordinary criminal cases to matters of public importance.
“Should MACC have aired the recordings to (the) media? Why not just adduce (them) as evidence in court? Because it is of the highest public interest.
“We never once complained when the police (went) to the media on drugs, firearms and (Najib’s wife) Rosmah Mansor’s handbag busts. Aren't those also court evidence? Same principle applies,” he said in a series of tweets.
Because this is not a simple criminal matter per se.
It's also abt:
1) Executive interference with independent agencies (Najib & Dzulkifli convo)
2) If national sovereignty compromised when PM sought UAE help to cover up crime
3) if spouse of Ministers can meddle in Gov admin
60 people are talking about this
“This is not about a low-level Immigration Department officer calling his police buddy to cover up a passport forgery.
“This is about a prime minister potentially abusing his power at the highest levels of government and about foreign leaders brokering illicit deals. The public has a [...] right to know about this,” he added.
Persatuan Patriot Kebangsaan (Patriot) president Mohamed Arshad Raji also defended Latheefa over the recordings.
“We are aware that Latheefa's conduct of releasing the recorded phone conversations may be sub judice and breaches the rule of law. Nothing in this new episode of phone recordings release adds to trial by media compared to what already have.
“Those are all secondary considering that our country is at an abnormal time when a large portion of the populace seems to be warped into the belief that the former PM is still innocent and opposition parties capitalise in using the ethno-religious card to divide the people further. Our nation is at the extreme low in terms of race-relation conflict,” he added in a statement.
Arshad (above) said Latheefa's conduct should be commended, not criticised.
“We were told that even the prime minister was not consulted about the (Wednesday) press conference (when the recordings were released).
“This is a positive step towards institutionalising the MACC as a fully independent body,” he added.
Earlier, FMT reported that Latheefa had briefed Prime Minister Dr Mahathir Mohamad on the recordings in Putrajaya this morning.
Previously, the MACC chief said the contents of the recordings demanded the clips be made public.
"There are various serious issues that arising (from the audio clips), including abuse of power, criminal conspiracy, obstruction of justice, compromising national security, fabrication of false evidence through foreign aid and connivance.
"I have instructed my officers to take all necessary steps and we will hand over the material to the relevant authorities for investigations,” she added.
In one clip, Najib was heard asking a United Arab Emirates prince for help to shield his stepson Riza Aziz from the US Department of Justice's 1MDB civil forfeiture suit.
In another, Najib was heard receiving advice from his wife Rosmah Mansor on how to handle 1MDB matters.
Former deputy public prosecutor Dzulkifli Ahmad – who was later appointed as MACC chief commissioner - was also heard leaking contents of MACC’s 1MDB investigation to Najib, Rosmah and former Tabung Haji chairperson Abdul Azeez Rahim.
All the leaked conversations took place between January and July 2016.
Following the disclosure, MACC has since handed over “parts” of the clips to the police.
However, Najib has claimed that the recordings have vindicated him. - Mkini
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