Najib and Supporters Disappointed with Ruling: Hearsay Evidence Questioned

Former Prime Minister Najib Razak, his legal team, and supporters express disappointment over the High Court’s ruling for him to enter his defense in the 1MDB trial, with lawyer Shafee Abdullah challenging the court’s reliance on hearsay evidence. The defense remains resolute as they prepare to call witnesses and fight what they claim is a politically motivated prosecution.


KUALA LUMPUR – Tan Sri Shafee Abdullah, lead defense lawyer for former Prime Minister Datuk Seri Najib Tun Razak, did not mince his words when expressing his frustration over the court’s decision today.

“We feel extremely disappointed,” he said, emphasising that much of the prosecution’s case was built on hearsay evidence that, in his view, had been accepted “wholesale” by the court.

“This is probably one of the rare, if not the only case, where hearsay evidence was taken wholesale. Everything that was said was taken as the truth without the required scrutiny,” Shafee remarked during a press conference. He added that the defense team respects the ruling but is determined to continue fighting the case, particularly by challenging the judgment on legal grounds related to the admissibility of evidence.

A Case Built on Hearsay

The ruling by Justice Collin Lawrence Sequerah stated that the prosecution had successfully established a prima facie case against Najib on all counts, involving RM2.28 billion in 1MDB funds deposited into Najib’s personal accounts. However, Shafee has questioned the fairness of the ruling, noting that much of the evidence admitted by the court amounted to hearsay, with little substantive proof to back it up.

Shafee highlighted that the defence had raised multiple legal points during the proceedings, none of which had been addressed in the court’s decision. “This is the only case where, at this stage, I didn’t even win on a single point,” he lamented. Despite this, Shafee remains resolute, vowing to continue fighting for Najib. “We are more determined than ever because of the decision today,” he declared.

Leading the Defence Team for Najib Razak, Lawyer Tan Sri Shafee Abdullah Said Today That the Defence Had Raised Multiple Legal Points During the Proceedings, None of Which Had Been Addressed in the Court's decision - Pic by Joshua Phua
Leading the defence team for Najib Razak lawyer Tan Sri Shafee Abdullah said today that the defence had raised multiple legal points during the proceedings none of which had been addressed in the courts decision Pic by Joshua Phua

Determination by Najib to Testify and the Road Ahead

In the wake of the ruling, Najib confirmed through his legal team that he would take the stand as a defence witness, choosing to testify under oath. “He has always wanted to give a sworn statement because he opens himself up to scrutiny. There’s nothing for him to fear,” Shafee explained. Najib’s decision to testify is a strategic move, as it allows the prosecution to cross-examine him.

The defence is preparing to call at least 11 witnesses, and the 1MDB trial is expected to continue well into next year. “We may even call some witnesses offered by the prosecution,” Shafee added, hinting that the defense is planning a robust case to counter the prosecution’s arguments.

Supporters Share the Disappointment

Ratusan Penyokong Najib Dari Seluruh Negara Berhimpun Di Mahkamah Tinggi Hari Ini Dan Kemudiannya Meluahkan Kekecewaan Terhadap Keputusan Hakim Mahkamah Tinggi. - Gambar Oleh Fahmi Amin
Scores of Najibs supporters from all over the country gathered at the High Court today and subsequently expressed disappointment at the High Court judges ruling Pic by Fahmi Amin

Najib’s supporters, including prominent figures like Zakariya Mohamad, have voiced their frustration with the ruling. “Bukan sahaja Najib, tetapi penyokong beliau juga menyatakan kekecewaan dengan keputusan Mahkamah Tinggi hari ini,” Zakariya shared on his Facebook page. He further pointed out that the court seemed eager to expedite cases involving Najib, while cases involving other political figures like Mahathir and Daim have been dragged on with little urgency.

Zakariya echoed the sentiments of Najib’s defense team, expressing disbelief that the court had accepted hearsay evidence without question. He called out the inconsistency in how legal proceedings are handled, comparing Najib’s swift prosecution to the delays in other high-profile cases. “Pelik dalam sejarah negara ini, apabila kes Najib disegerakan pendakwaan di mahkamah, tetapi kes Mahathir dan Daim dilengahkan,” Zakariya remarked.

The Apology Misunderstood

Shafee also took the opportunity to address the controversy surrounding Najib’s recent public apology over the 1MDB scandal, which some have misinterpreted as an admission of guilt. “Najib apologized because the 1MDB debacle happened during his time as Prime Minister, not because he is guilty,” Shafee clarified. “He’s not saying ‘I did it’; he’s merely acknowledging his role as the country’s leader when it occurred.”

Shafee added that the apology was not a tactical move to seek a more favorable outcome in court but was instead a reflection of Najib’s sense of responsibility as the head of the government during the 1MDB controversy. “He’s not apologizing for criminal actions, nor is he admitting to negligence or recklessness,” Shafee said.

Moving Forward: The Fight Continues

Despite the High Court’s decision, Najib’s defense team remains undeterred. Shafee reiterated their commitment to Najib’s defense and expressed confidence in the strength of their case, especially as they prepare to challenge the evidence based on hearsay.

As the 1MDB trial progresses, it is clear that Najib’s defense team will continue to raise critical issues surrounding the admissibility of evidence, while his supporters rally behind him in the face of what they see as an unfair and politically motivated prosecution.

Najib’s legal battle is far from over, with the defense ready to present its case and challenge the narrative that has dominated the public sphere. “We are not giving up,” Shafee declared, promising that the fight for Najib’s justice will continue. – NMH

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Hasnah Rahman
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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