This article first appeared in The Edge Financial Daily on August 9, 2018

KUALA LUMPUR: The High Court will decide tomorrow on the gag order prohibiting the media from discussing the merits of the criminal charges against former premier Datuk Seri Najib Razak, and fix the relevant trial date.

Justice Mohd Nazlan Mohd Ghazali said this will provide ample time for the defence team to read the submission documents prepared by the prosecution team led by Attorney-General Tommy Thomas.

Earlier, Najib’s defence team, led by prominent lawyer Tan Sri Muhammad Shafee Abdullah, complained that the prosecution team had been dragging its feet in furnishing the submission documents pertaining to the criminal charges.

“For weeks, [we have asked for the documents]. They said the documents were prepared a long time ago, but they just handed them over today (yesterday),” Muhammad Shafee told reporters at the Kuala Lumpur Court complex yesterday.

For Najib to defend the claims levelled against him, Muhammad Shafee said the prosecution team should not be ill-prepared and that it should produce the relevant evidence, including Najib’s latest “cautioned statement”, to the defence team at a much earlier date.

On Tuesday, Najib was summoned by the Malaysian Anti-Corruption Commission for questioning and had his cautioned statement recorded at the Malaysia Anti-Corruption Academy here, lasting around 45 minutes after his arrival at 5pm. A cautioned statement is taken from an accused during investigations.

Earlier yesterday, Mohd Nazlan offered to hear submissions concerning the gag order approved by the previous High Court Judge Datuk Mohd Sofian Abdul Razak, who was transferred to the civil court last Wednesday.

Mohd Sofian’s transfer, approved by Chief Judge of Malaya Tan Sri Zaharah Ibrahim, was made not long after it was revealed that he is the brother of prominent Umno member and Pahang state executive council member Datuk Seri Mohd Soffi Abdul Razak.

Previously, Muhammad Shafee requested the High Court to issue an order to ban the public from discussing Najib’s criminal charges, to avoid a “trial by media”.

As for the trial date, Mohd Nazlan said the High Court has offered to fix it earlier in September or November this year, as opposed to February next year as decided by the previous judge, after considering factors such as the interest of justice and the wide publicity on the case.

However, Muhammad Shafee said the defence team does not want the High Court to rush in fixing the trial date, as they want sufficient time to study all the relevant charges. “So, we told the judge not to be hasty in setting a trial date because we want to look at the documents first,” he added.

Yesterday, Najib pleaded not guilty to all seven criminal charges, including three new counts of money laundering, three counts of criminal breach of trust and one count of abuse of power related to RM42 million belonging to SRC International Sdn Bhd, the former subsidiary of 1Malaysia Development Bhd.

The seven criminal charges were filed under three laws: the Penal Code, the Malaysian Anti-Corruption Commission Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Unlawful Activities Act 2001 (AMLA 2001).

Najib’s plea was recorded before Mohd Nazlan who also approved the extension of the previous RM1 million bail to cover the three new money laundering charges.

Previously, Najib had surrendered his two passports and posted a RM1 million bail via two instalments for the previous four criminal charges slightly amended and excluded the word “public servant”.

Muhammad Shafee said the amended charges contain “a serious defect”, without elaborating further. “They obviously realise that the amendment was needed because the ‘penjawat awam’ (public servant) has issues, especially with what has transpired in the appellate court pertaining to public officials,” he said, adding that the prosecution team is free to amend the charges “for as many times as they wish”.

Last month, the Court of Appeal dismissed the appeal by DAP lawmaker Tony Pua Kiam Wee against Najib and the previous government, saying it is timely for the Federal Court, or even the legislature, to provide a clear definition of a “public officer” in cases related to tort and misfeasance in public office.