The Malaysian Insight

FORMER prime minister Najib Razak is “shocked” that he was not acquitted of the seven charges relating to the SRC International Sdn Bhd case.

“He was shocked that for every charge, defence was called,” Najib’s lead counsel Muhammad Shafee Abdullah told reporters after Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali delivered the oral judgment this morning.

“He was expecting an acquittal on all seven charges. We were confident on all seven charges that there would be an acquittal at this stage because we have rebutted the presumption (of guilt) even within the prosecution’s case.

“He’s surprised. Shocked is the word.”

Earlier this morning, Nazlan said the prosecution has successfully established a prima facie case against Najib.

In a separate statement today, Najib said he will clear his name in court.

“In order to defend myself, I will need to give a sworn statement where I can be cross-examined by the prosecution,” he said in a Facebook post.

“My lawyers and I are given the opportunity to call witnesses for the first time in this trial.

“Until now, we have only heard from the prosecution witnesses. Defence witnesses are given a chance to provide the real picture and prove that I’m innocent.

“I will soon have a chance to clear my name in court.”

Najib, 66, faces seven criminal charges – three counts of criminal breach of trust, three counts of money-laundering and one count of power abuse.

The charges are related to the RM4 billion in loans issued to SRC International in 2011 and 2012, of which Najib is accused of receiving RM42 million in his personal accounts in 2014 and 2015.

Najib has chosen to give sworn testimony on the stand on December 3, after which he will be cross-examined by the prosecution.

Shafee says Najib will be the first defence witness.

“That is the requirement of the law.

“An accused person must always be the first (defence) witness.

“If you call somebody else, then the accused is listening to the witness and he can adjust his statement. So the law is logical.”

Shafee believed the defence stage of the trial may continue until January, with final submissions in March or April.

He added that his team is prepared to take the case beyond the high court.

“There are so many cases whereby the Federal Court was shocked there was a conviction. So, I have always looked to a good hearing, ultimately in the Federal Court.

“If things do not change, this matter will reach the Federal Court. That’s where I am hoping many issues are properly addressed.

“In many ways, I am happy this case started in the high court so you will end up in the Federal Court.

“It will go to the Federal Court either way. You are looking at preliminary views of a single judge. We would like to hear a seven-member quorum of the Federal Court.”

On whether Najib’s trial will be a long drawn-out legal battle, Shafee said: “Oh yeah, it will go on beyond the next election. So, you’re looking at many years.”

He declined to name the witnesses that would be called beyond Najib.

Shafee added that he has filed an ex-parte application to cite one lawmaker and two newspapers, including a local one, for contempt in relation to the SRC International trial.

He declined to give any names.

“We want to take them by surprise.”

Najib did not speak to the media, neither did Attorney-General Tommy Thomas and ad hoc prosecutor V. Sithambaram.

Also present at today’s hearing was the lead prosecutor for Najib’s ongoing 1Malaysia Development Berhad trial, senior deputy public prosecutor Gopal Sri Ram.

The SRC International trial will be from December 3 to 19, with more dates to be set later. – November 11, 2019.