KUALA LUMPUR: Datuk Seri Najib Razak escaped getting impeached today after an earlier scare that he would be called to explain his contradictory statements.
High Court Judge Mohd Nazlan Mohd Ghazali ruled that there were no material contradictions in the former prime minister's testimony and therefore an impeachment was not needed.
He made the ruling after going through portions of Najib's testimony said to be contradictory by the prosecution.
"In my view, the discrepancies are not irreconcilable.
"I find no material contradictions and it is not serious," he said.
Earlier, before the lunch break Mohd Nazlan said the application by Deputy Public Prosecutor (DPP) Datuk V. Sithambaram to impeach the Pekan member of parliament “is not without merit”.
The issue of Najib making contradictory statements was raised by Sithambaram at the onset of hearing today after the accused inevitably agreed to the DPP’s question that there were serious contradictions in his testimony and what was recorded by the Malaysian Anti Corruption Commission (MACC).
Sithambaram had asked Najib whether he agreed that there were serious contradictions in what he stated in his witness statement, supplementary statement and also what was recorded by the MACC when he was questioned by the graft busters in the course of the investigations into SRC International affairs.
Najib’s answer was exactly what Sithambaram had hoped for when the accused said “yes I agree”.
Earlier, to another question, Najib also admitted that what he told MACC and he was saying in court now, was very different.
However, he said there was a reason for this. He attempted to explain but the prosecutor told him he would have the opportunity to do so later.
Sithambaram then went on to apply to impeach Najib under Section 145 and 155 of the Evidence Act.
Najib’s lawyers, Tan Sri Mohd Shafee Abdullah and Harvinderjit Singh objected to the application and said an impeachment did not make sense, as their client had already provided an explanation for the difference in the statements.
Shafee also argued that the impeachment process could end up as a laborious exercise while Harvinderjit accused the prosecution of making “a frivolous application”.
The lead defence counsel said the prosecution application was an attempt to circumvent the defence plan to call an expert witness to verify Najib’s signatures on some disputed documents.
He said Najib was not denying that he had confirmed his signature on some documents when questioned by MACC officers but was now only disputing the authenticity of the signatures.
“There is actually no material contradiction here.
“All he is saying is that he doubts the authenticity of his signatures and wants an expert to verify it. He has explained the reason for his contradictions,” he said.
Najib, 66, is facing seven counts of criminal breach of trust, abuse of power and money involving RM42 million of SRC International funds.
He is charged with committing the offences between Aug 17, 2011, and Feb 10, 2015.
The Pekan member of parliament faces 20-years' jail and fine for the offences, if convicted.