This article first appeared in The Edge Financial Daily on July 5, 2018

KUALA LUMPUR: Defence counsel Tan Sri Muhammad Shafee Abdullah said his request for a gag order on former prime minister Datuk Seri Najib Razak’s trial is to prevent prejudgement of the case.

Najib is charged with misusing his position as a government official to receive a RM42 million bribe as inducement to provide a sovereign guarantee on behalf of the government for a loan of RM4 billion from Kumpulan Wang Persaraan (Diperbadankan) (KWAP) to SRC International Sdn Bhd, a former unit of 1Malaysia Development Bhd (1MDB).

“We have a constitution that guarantees [a] fair trial, and one of the fundamentals of a fair trial is that you cannot discuss and issue statements that comment upon the merits of the case in a prejudicial way,” Muhammad Shafee told reporters in the Jalan Duta Court Complex here yesterday.

He confirmed that the gag order also applies to social media, and that failure to do so will result in contempt of court.

The gag order covers one count of abuse of power for influencing a loan of RM4 billion from KWAP to SRC International and three counts of criminal breach of trust for siphoning RM42 million from the company.

The gag order, however, does not cover other 1MDB-related topics, said Muhammad Shafee.

Earlier yesterday morning, High Court Judge Datuk Mohd Sofian Abd Razak approved the gag order from yesterday until the case management date on Aug 8, after which the court will determine whether the order should be implemented in full, or not extended.

Najib was granted bail of RM1 million by the High Court after he pleaded not guilty to all four charges read to him yesterday.

Meanwhile, Muhammad Shafee, leading the six-member defence team in the case, said he is “happy” with the case of the defence, and expressed confidence that the matter will undergo a fair trial.

“You will see the unfolding of the defence when the trial starts,” he said. “We are [also] sure [there will be a fair trial], looking at the way the judge today (yesterday) behaved with decorum,” he said.

He then raised the question why the prosecution took so long to charge Najib and is now leading the prosecution in the SRC International fiasco, when it had previously indicated the bigger concerns were allegations of graft and abuse of power in 1MDB.

“There are two issues here: 1MDB and SRC International. Today’s (yesterday) case is about SRC International. I leave it to your imagination as to why [the prosecution did not pursue the 1MDB-related allegations],” he said.

Speculation was rife about monies amounting to RM2.6 billion channelled into a bank account bearing Najib’s name, allegedly siphoned from 1MDB.

The former premier had said the money was a political donation from Saudi royals, and that the account is a trustee’s bank account managed by former SRC International chief executive officer Nik Faisal Ariff Kamil, currently in hiding from the authorities.

Speaking to the press after posting bail, Najib said him being arrested and now facing charges are “expected”, being “the wish of the new government” under Pakatan Harapan.

“If this is the price I have to pay for my 42 years spent serving the people of this country, I accept it,” he said, adding that the court case will be the best opportunity to clear his name.

In a related matter, Muhammad Shafee voiced concern over the purview of the Special Task Force on 1MDB over Attorney-General (AG) Tommy Thomas, who led the prosecution against Najib yesterday.

“It looks as though the AG is being dictated by a task force of four men. That is not constitutional. In fact, it is totally illegal … I am very disturbed by that.

“[The four members] are people in the previous administration who already are in some way or another may have prejudgement [of the case],” he said.

“Any special task to be given to the AG must be given by the cabinet through the prime minister or another minister — it has got to be sanctioned by a member of the government.

“The [current 1MDB special] task force was not sanctioned [by the cabinet],” he said, referring to the task force comprising MACC chief commissioner Datuk Seri Mohd Shukri Abdull, ex-MACC chief commissioner Tan Sri Abu Kassim Mohamed, former AG Tan Sri Abdul Gani Patail and Special Branch chief Datuk Abdul Hamid Bador.

Muhammad Shafee reaffirmed that the defence team is “seriously considering” to apply for Thomas’ removal from the prosecution team, alleging the latter to have a pre-conceived notion about the case “even before being appointed AG”.

Muhammad Shafee also brushed off allegations that he himself had received payment sourced from 1MDB funds, which pundits said could be used to disqualify him from handling the case.

“They can try [to disqualify me with that claim]. If they do, they will get some shocks,” he said, without elaborating.