Thursday 28 Mar 2024
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KUALA LUMPUR (Aug 10): Former Prime Minister Datuk Seri Najib Razak will appeal against today's High Court decision to dismiss his application for a gag order in relation to seven charges against him over the alleged misappropriation of RM42 million from SRC International Sdn Bhd, a former unit of 1Malaysia Development Bhd.

Speaking to reporters after a hearing spanning eight hours, Najib’s lead defence attorney Tan Sri Muhamad Shafee Abdullah said the defence will submit the notice for appeal on Monday.

According to Shafee, High Court Judge Mohd Nazlan Mohd Ghazali dismissed the application because “the circumstances does not give rise to an immediate situation that would create prejudice towards the case”.

“However, he did mention that it is a warning to everyone that sub judice comments cannot be made because of existing laws,” said Shafee.

From Shafee’s point of view, Justice Nazlan erred on “all the points that we raised” when the defence filed for the application.

“We were met with a test [on three points], on balancing freedom of speech and information, and the right to a fair trial. In the circumstances of this case, we ought to have leaned more towards the fairness of the trial,” he said.

“We are going to appeal on the basis that the learned judge ought to have given the full blow of the gag order as earlier given in the interim, or expanded [it], or [granted the application] even if he narrows it down,” he added.

Najib is currently facing seven charges involving money laundering, abuse of power and criminal breach of trust in relation to RM42 million from SRC International.

On July 4, High Court Judge Datuk Mohd Sofian Abd Razak granted Najib an interim gag order as a pre-emptive measure to stop the public from providing statements, suggestions, or conclusions, that infer his guilt or that he had performed the actions outlined in the charges.

The former Prime Minister sought to extend the interim order — which ended today — to a permanent order. Under his application, he wants those found flaunting the order to be charged with contempt of court and be punished by fine or imprisonment.

Justice Nazlan, who replaced Justice Datuk Mohd Sofian Abd Razak on Aug 1 under a transfer order, dismissed the application citing existing laws on contempt and defamation, and what he felt was a wide extension of coverage of the terms underlined under the gag order applications, among others.

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