This article first appeared in The Edge Malaysia Weekly on November 18, 2019 - November 24, 2019
FORMER prime minister Datuk Seri Najib Razak is keen to give his side of the story now that he has been asked to enter his defence after the Kuala Lumpur High Court found that the prosecution had made a prima facie case against him in all the seven criminal charges involving RM42 million of SRC International Sdn Bhd funds.
Najib is looking forward to providing an account of what transpired in the former 1Malaysia Development Bhd subsidiary, his lead counsel, Tan Sri Muhammad Shafee Abdullah, said after his client opted to give sworn testimony.
This means that while Najib will be given the opportunity to present his side of the story, he will also be subject to cross-examination by the prosecution.
Shafee said while the defence disagreed with the verdict of judge Mohd Nazlan Mohd Ghazali, his decision would allow Malaysia’s sixth prime minister to give “his side of the story in his own words”.
“One, you will hear the real story from the accused, from Datuk Seri Najib, because he has to tell his version of the story — what happened in SRC as far as he knows and what are the things that he can dispute in relation to whether or not he actually controlled SRC,” he told reporters last Monday. Furthermore, Shafee opined that Najib’s presentation to the court will be a boon to his defence.
In any event, it will be significant in that for the first time in the trial, Najib will address the court himself and the allegations against him.
On Nazlan’s decision, Shafee contended that his reasoning would make the defence’s case easier “because things that are obviously unprovable and cannot be proved were taken into consideration as the conclusion”.
“For instance, we have always said that to be a director in the context of [Section] 409 [of the] Penal Code, you must be the real director. There is no such thing as a shadow director because shadow director is a concept in civil law, never in criminal law,” he said.
In the same vein, he contended that the word “director” could not be interpreted liberally to include a shadow director, and a shadow director is a director who is not registered as one.
Section 409 of the Penal Code refers to a criminal breach of trust by a public servant or agent.
Describing the decision as a shock to Najib and himself, he remarked, “Frankly, we were expecting an acquittal at this stage because in our submission, it was not just a good case, it was overwhelming factually and legally speaking.”
Following his decision, Nazlan provided Najib with three options — give sworn testimony at the witness stand, give an unsworn statement (not subject to cross-examination) or remain silent.
Just as Najib is eager to explain himself, many are keenly awaiting to hear his side of the story. However, should he vacillate, he will have to inform the court of his intentions before the beginning of proceedings as the judge has fixed Dec 3 to 19 to hear defence witnesses testify.
Save by subscribing to us for your print and/or digital copy.
P/S: The Edge is also available on Apple's AppStore and Androids' Google Play.