Najib Abdul Razak has filed an application to obtain the MACC-released audio recordings that purported show the former prime minister in conversations linked to the 1MDB scandal.
When contacted, DPP Muhammad Izzat Fauzan confirmed that the prosecution was served with copies of the notice of motion and Najib’s affidavit in support this afternoon.
The cause papers were dated Jan 15 and filed by legal firm Messrs Shafee & Co at the Kuala Lumpur High Court Registry.
According to the notice of motion filed under section 51 of the Criminal Procedure Code, Najib is seeking an order to compel the prosecution and/or the MACC to make available to him a true copy of the complete audio recordings partly played by the antigraft watchdog to the media on Jan 8.
On Jan 8, during a press conference, MACC chief commissioner Latheefa Koya (below) and MACC officers played the audio recordings to the media, purportedly showing Najib’s conversations involving 1MDB.
On Jan 9, during Najib’s RM42 million SRC International trial, his lawyer Muhammad Shafee Abdullah informed the High Court that the defence would be filing an application to obtain the audio recording.
In the affidavit, Najib said he had been advised by his solicitors that the audio recordings are relevant and material for the purpose of his defence in his RM42 million SRC International trial and other ongoing 1MDB-linked criminal cases.
Aside from the RM42 million SRC International case, Najib is also currently facing the RM2.28 billion 1MDB case, RM6.64 billion IPIC (International Petroleum Investment Company) case, the 1MDB audit tampering trial, as well as a RM27 million SRC International case.
In the affidavit, Najib specifically made reference to his RM2.28 billion 1MDB case, RM6.64 billion IPIC case, RM42 million SRC International case, and 1MDB audit tampering case.
He said the audio recordings are particularly needed for his various ongoing court cases as Latheefa Koya, during the press conference, had said that they are relevant to the SRC case, among others.
Najib (below) said Latheefa also claimed that the audio recordings revealed to the commission of purported offences involving him in relation to the SRC and 1MDB cases.
“I have been advised by my solicitors and I verily believe that these audio recordings need to be examined thoroughly to ascertain the truth of these serious allegations.
“I have been further been advised and verily believe that given the matters above, the relevant orders sought for this application are justified in order to provide me with a reasonable opportunity to effectively prepare and undertake the defence case and be afforded a fair trial in pursuance of my constitutional rights,” he said.
According to the affidavit, Najib would be filing a separate application for sub judice and contempt against the MACC and its chief commissioner Latheefa Koya over the release of the audio recordings’ contents to the press on Jan 8.
However, the cause paper does not state when he would be filing the sub judice and contempt application.
On Jan 13, Malaysiakini reported Shafee as saying that Najib has decided to initiate contempt proceedings against the MACC and Latheefa in relation to the release of the audio recordings. - Mkini
Why would a person with the intention applying for subjudice also wants the recording to win the case,Hairan?
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