Should the Najib clips have been released?

QUESTION TIME | It was quite a theatrical, unprecedented performance - the release of the Najib Abdul Razak audio recordings, including that dressing down he got from his wife Rosmah Mansor, which caused MACC chief Latheefa Koya to comment that it was almost as if he (Najib) was reporting to his wife.

Apart from what was disclosed from the recordings, questions also arise as to whether the tapes should have been disclosed in the manner it was done, if investigations could be prejudiced, and possible criminals forewarned that they may face charges.

Latheefa (photo) laid it on when playing the tapes, giving short introductions, and injecting some drama and even keeping the suspense up as she told reporters to listen carefully to what was said in the recordings and to look out for who was involved.

She confirmed the “absolute authenticity” of the tapes after forensic investigations - which means there is no doubt as to the people involved.

Latheefa said MACC had been given the recording, but at this point, she would not tell from where it came from.

Tellingly she said, “Contents are shocking, it’s a cover-up and subversion of justice.” That they were.

A quick summary of the tapes will help.

Probably the most important part of the recordings was that former MACC chief Dzulkifli Ahmad, who was a deputy public prosecutor (DPP) with the Attorney-General's Chambers (AGC) at the time of the calls in January 2016, leaked the contents of investigation papers to Najib, who was then the subject of investigations into 1MDB.

The call went first to Najib’s wife Rosmah, with whom he had a short conversation before it was passed on to Najib (below, left).

That’s clearly a no-no and a major offence: how can a prosecutor divulge such information to the subject of an investigation, even if he were the prime minister?

Dzulkifli (above, right) discussed this with former Tabung Haji chairperson Azeez Abdul Rahim.

The payback appeared to be Dzulkifli’s appointment as the MACC chief later in 2016 - a pretty meteoric rise, considering that he was just a DPP in the AGC at that time.

Which brings us to the next recording highlight when, during a dressing down by Rosmah of Najib in a telephone call, Najib offered the impending appointment of one “Dzul” as one of the things he was doing to stave off pressure on him.

So instructional was Rosmah’s scolding and shouting at Najib, it caused MACC’s Latheefa at her press conference on Wednesday, where she played the recordings, to comment that it was as if he were reporting to his wife.

Rosmah also rattled off a number of names of people she said were not helping Najib’s cause.

Other revelations include Najib asking the crown prince of a UAE sheikh to help fake a loan agreement to help his stepson (Rosmah’s son), Riza Aziz, out of a fix in the US where he had received money, effectively from the 1MDB loot (some RM1 billion) to fund his movie.

But the agreement did not materialise.

The recording clips clearly showed wrongdoings and these were a graphic and effective portrayal of the efforts to stop investigations into 1MDB and to cover-up some of the news which had come into the public domain by criminal means.

Such disclosure of evidence in ongoing investigations is unprecedented in Malaysia and raises legitimate questions as to why this was done, especially since it may give time for those implicated to make their getaway, an excuse commonly used by the police when they don’t disclose information.

Would it have been more prudent to make the disclosures after the authorities - basically the police and the MACC, had made their investigations and their necessary arrests to assist investigation?

Latheefa defended the public release and playing of the tapes in the public interest and said the reason for the disclosure is that she did not want anymore undermining of bodies like MACC and AGC.

If indeed that is the case, can we expect that there will be more public disclosure of facts like this in cases which involve the public interest, no matter who is involved?

Will facts be paraded in public before the cases are fully investigated?

One can’t help thinking, under the current circumstances, whether there is a political element to this, especially with the Kimanis by-election in Sabah set for Jan 18.

A disclosure like this will be just the kind of thing to remind the electorate of the evil behind BN.

It looks like the reading of the perception of Najib over the trial he is facing is that it is not quite damaging enough, although those who follow the trial even from a distance are not likely to give Najib much of a chance of an acquittal.

One would like to believe that Latheefa is made of sterner stuff than that, but proof of the pudding that is in the eating will only happen if she makes more disclosures, such as this unprecedented one, in future cases of public interest and thereby demonstrates consistency in her actions.

In reply to a question, she said that she did not tell the prime minister (above) about the release of the recordings.

But then, there can be leaks, intentional or otherwise, can’t there? Someone else could have told the prime minister.

Latheefa alluded to the root cause of the problem clearly demonstrated by the recordings - the undermining of the institutions responsible for upholding justice and the rule of law.

And we all know where that comes from - what’s the words again, yes, prime ministerial prerogative.

The prime minister has the sole prerogative to appoint and dismiss the agents of justice and rule of law, as well as ministers, and we know who abused this over and over again before Najib emulated him.

Perhaps Latheefa should try persuading the person who appointed her as MACC chief to make the legislative changes necessary to make appointments to institutions and judicial bodies through the recommendations of panels and endorsed by Parliament - and to ensure that they have the security of tenure.

Until then, we have to, well, take all this drama and theatre with a pinch of salt and imbibe and enjoy it while it lasts.

We can also hope that all of this is not in vain.

One more thing. Who in Malaysia has the authority to tap and record telephone calls?

Only those empowered to do so of course.

Latheefa must have a pretty good idea who they are - which should answer the question of where the clips came from.

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P GUNASEGARAM is editor-in-chief of Focus Malaysia and says things are not like what they seem. - Mkini