KUALA LUMPUR: The prosecution team on Datuk Seri Najib Razak’s corruption case involving former 1Malaysia Development Berhad (1MDB) subsidiary SRC International Sdn Bhd has sent a letter to the High Court to object an attempt by the defence to postpone the trial.
Attorney-General’s Chamber in its letter signed by its head of the prosecution division Manoj Kurup to the High Court judge Mohd Nazlan Mohd Ghazali said the postponement was frivolous and would cause an unreasonable delay to the scheduled trial.
According to the letter dated Jan 17, Najib lead counsel Tan Sri Muhammad Shafee Abdullah had wanted the trial which was fixed on February to be postponed pending its appeal on three interlocutory applications.
The interlocutory applications are appeal in relation to the Najib’s gag order application on media coverage of the case, appeal in relation to defence’s application to the discovery of further documents and statements (discovery appeal), and appeal in relation to the appointment of deputy public prosecutor Datuk Sulaiman Abdullah to lead the prosecution (Fiat appeal).
“The application by the accused, as we understand it, is to seek an indefinite postponement of the trial, which is scheduled to commence on Feb 12, pending disposal of the Fiat and discovery appeals at the Court of Appeal.
“The determination of the appeals, according to the counsel of the accused, is necessary for the defence’s effort in mounting an effective defence.
“On July 4, when the accused was first brought to the court to be charged, the High Court had indicated, based on the calendar of the previous High Court Judge, the month of February and March as possible free dates for trial.
“On Aug 8, taking into account the direction under Section 172B(4) of the Criminal Procedure Code, the judge suggested that the trial to commence in November but this suggestion was met with strong objections by the defence team who informed the court that he had already reserved February and March for the trial.
“The defence had well over seven months (from July 4, 2018) to prepare their defence, and such an attempt to indefinite postpone the trial would, in view of the public interest and the importance of this trial, must be rejected by his honourable court,” he said in the letter.
On July 4, the Pekan Member of Parliament was charged with three counts of criminal breach of trust and abuse of power for gratification involving RM42 million from SRC International Sdn Bhd since 2011.
Najib, as a public servant, was alleged to have misappropriated RM27 million, RM5 million, and RM10 million belonging to SRC International when he acted as its adviser.
The offence falls under Section 409 of the Penal Code which carries a maximum 20 years’ imprisonment and whipping, upon conviction.
He was also charged with abusing power to secure RM42 million loan from Retirement Fund Inc (KWAP) for SRC International.
He was also charged with using his position for a RM42 million pay-out to himself when he took part or was involved in making the decision to provide government guarantees for a RM4 billion loan from KWAP.
The charge under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act carries a sentence of up to 20 years’ jail, or a fine of RM10,000 or five times the bribe amount, whichever is higher.