The Malaysian Insight

NAJIB Razak may call in a handwriting expert to verify the authenticity of signatures on SRC International-related documents that were previously tendered as evidence, ruled Kuala Lumpur High Court today.

Judge Mohd Nazlan Mohd Ghazali also dismissed a motion to strike by prosecutors, who argued that the former prime minister’s application is invalid as he was silent on the claim of forged signatures during the first half of the trial.

“Under the law, the accused in his defence is entitled to procure and lead any relevant evidence of his choice,” said Nazlan in the ruling this morning.

“Furthermore, it is settled law that even if a defence is not put to the prosecution witnesses, the court is still bound to consider evidence no matter how weak.”

Najib’s legal team wants to call Steven J. Strach, an Australian, and the court to admit his findings as evidence. The Pekan MP claims that his signature was forged on shareholders’ resolutions and meeting minutes, among others.

Nazlan said the court may determine the admissibility of the evidence at the end of the case.

“It is the duty of this court to ensure that the integrity of the trial process and the constitutional right of the accused to a fair trial is upheld at all times,” said Nazlan.

The judge also allowed the defence expert to examine 13 disputed documents, as listed in the application.

The examination by the witness is to take place at the court in the presence of representatives from both sides next week, before the trial resumes on February 3.

The examination should take “no more than two days”, Nazlan said.

He added that the prosecution is allowed to call any rebuttal witness later.

Defence counsel Farhan Shafee said the defence will confirm with the witness his schedule next week and update the court tomorrow.

Also present in court today is Attorney-General Tommy Thomas.

Yesterday, ad hoc deputy public prosecutor V. Sithambaram argued in his submission that the defence’s claim on Najib’s signatures was an “afterthought” and that if the witness is allowed to be called, it would “irreparably prejudice” the prosecution.

Najib’s lead counsel, Muhammad Shafee Abdullah, said yesterday that the court should consider all available defence, even if it was an afterthought, to ensure his client’s right to a fair trial.

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 22, 2020.