The Malaysian Insight

NAJIB Razak’s application to call a handwriting expert to testify at his corruption trial over SRC International funds should be dismissed, the prosecution argued in court today, as the former prime minister had only recently thought up the claim that his signature was forged on the company’s documents.

During most of the trial, which began in April last year and is now in the defence stage, Najib had remained silent on the matter of his signing off on those documents, ad hoc deputy public prosecutor V. Sithambaram told the Kuala Lumpur High Court.

As such, the defence’s application for an Australian handwriting expert to verify Najib’s signatures on 35 documents is an “afterthought” and if allowed, would “irreparably prejudice” the prosecution, Sithambaram said.

“We submit that the defence is misconceived when stating this application as a continuing campaign to challenge the authenticity of the applicant’s signature,” said Sithambaram.

“This is because the issue of the authenticity of the applicant’s signature was only made known during the defence case. The defence had an indifferent approach in putting forth this issue and did not forcefully objected to the disputed documents throughout the course of the prosecution case.”

“If the man who signed it is not sure, what more can the expert say?” Sithambaram said, adding: “They have no game plan. Or they changed it halfway during the trial.” 

Najib’s lawyers want Dr Steven J. Strach to examine 35 SRC International documents, on 13 of which the accused’s signature is disputed. The defence also wants the findings to be admitted as evidence.

The SRC International trial, which began April 3, last year, saw 57 witnesses testifying during the prosecution stage. 

The defence stage began on December 3, after presiding judge Mohd Nazlan Mohd Ghazali found there was a prima facie case against the former prime minister.

Sithambaram argued that the defence’s objection to the disputed documents was purely technical as it did not specifically allege whether the applicant’s signature was not genuine, manipulated or forged.

“Allowing this application now would deprive the prosecution of a fair chance of meeting the case for the defence as the prosecution has closed its case, and therefore cannot possibly call any other further evidence to rectify any alleged irregularities with regard to the disputed documents.”

“We submit that if this application were to be allowed, it would amount to a serious breach of procedural fairness by the defence and irreparably prejudices the prosecution by depriving the prosecution a fair chance to meet the defence case.”

In the defence’s reply, lawyer Harvinderjit Singh said the prosecution did not call an expert to verify Najib’s signatures earlier when the accused could not recall signing the documents. The prosecution had relied on Section 71 of the Evidence Act to submit the signed documents as evidence.

“Had an expert come in then, it would not have been in their favour,” said Harvinderjit.

Nazlan will deliver his decision on Najib’s application for a handwriting expert tomorrow morning. 

Najib is on trial for charges linked to RM4 billion in loans issued to SRC International in 2011 and 2012, of which he is accused of receiving RM42 million in 2014 and 2015. – January 21, 2020.