Many aspects of the defendant’s defence were not thoroughly and fully investigated by the investigating officers, leading to gaps in the prosecution’s case
KUALA LUMPUR: Datuk Seri Najib Razak’s defense lawyer told the High Court here today that the former Prime Minister and Finance Minister was denied the right to a fair trial in the case of the misappropriation of 1Malaysia Development Berhad (1MDB) funds totaling RM2.3 billion.
Wan Azwan Aiman Wan Fakhruddin, presenting his arguments at the end of the prosecution’s case, said this was due to the Malaysian Anti-Corruption Commission’s (MACC) investigation being rushed, chaotic, and biased.
According to him, the investigation by Senior Assistant Superintendent Nur Aida Arifin, the 49th prosecution witness, was selective and incomplete.
Due to the rushed investigation, Wan Azwan Aiman emphasised that Najib, the former Pekan Member of Parliament and UMNO President did not receive a fair trial as outlined in Article 5 of the Federal Constitution.
He also pointed out that many aspects of the defendant’s defence were not thoroughly and fully investigated by the investigating officers, leading to gaps in the prosecution’s case.
The lawyer stated that one of Najib’s defence was that the money received in his account was a donation from Saudi Arabia, but this was never investigated by Nur Aida to complete the MACC’s investigation.
Rushed
“The poor and rushed investigation denied Datuk Seri Najib his rights guaranteed by the Federal Constitution to a fair investigation and trial.
“The investigating officer (Nur Aida) was also biased because they had already decided to prosecute Datuk Seri Najib in court without considering the results of the investigation.
He argued that this was clear when the investigation paper (IP) and proposed charges were forwarded to the Attorney General’s Chambers (AGC) even before Najib’s statement to the anti-corruption agency was completed.
“When the investigation papers were submitted to the Attorney General’s Chambers (AGC), Datuk Seri Najib’s statement under Section 53(3) of the MACC Act was not considered in the charges brought against him. His explanation was also not taken into account by the AGC,” he said.
Wan Azwan Aiman stated that the investigation papers and recommendation for charges were submitted to the AGC on 28 August 2018, while permission to prosecute was granted by the AGC on 19 September 2018.
The lawyer noted that both events occurred before Najib’s statement to the MACC was completed at 8:10 AM on 20 September 2018.
He said that on 20 September 2018, Najib was brought to court to be charged.
“During cross-examination, Nur Aida confirmed our suspicion that Datuk Seri Najib was charged in court on the same day, immediately after they finished recording his statement.
“The witness also confirmed that permission to prosecute was granted a day before they completed recording Datuk Seri Najib’s statement.
Mere Formality
“This shows that the recording of the statement was merely a formality and administrative work.
“It also shows that there was a ‘flaw’ in the recorded statement, as the investigation was biased because Datuk Seri Najib was not informed of the possible charges he might face,” he said.
Wan Azwan Aiman stated that Section 53(3) of the MACC Act requires individuals to be notified of the charges they will face.
He added that notice of possible charges is necessary to allow the accused a fair opportunity to respond to the allegations against them and to avoid their defence being seen as an afterthought.
Najib faces four charges of using his position to obtain bribes totaling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount.
Proceedings before Judge Datuk Collin Lawrence Sequerah will continue tomorrow. – NMH
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Datin Hasnah is the co-founder and CEO of New Malaysia Herald based in Kuala Lumpur, Malaysia.
With an extensive background in mass communication and journalism, she works on building up New Malaysia Herald and it’s partner sites. A tireless and passionate evangalist, she champions autism studies and support groups.
Datin Hasnah is also the Editor in Chief of New Malaysia Herald.
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