Najib S Right To Fair Trial Will Be Violated If Audio Recording Allowed Shafee

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1MDB TRIAL | Najib Abdul Razak’s fundamental right to a fair trial would be contravened if an audio recording of a purported conversation between the former prime minister and a United Arab Emirate royal was admitted, the Kuala Lumpur High Court heard.
The accused’s lead defence counsel Muhammad Shafee Abdullah orally submitted today that there are concerns over the legality of how the MACC obtained the recording.
During the RM2.28 billion 1MDB trial against former finance minister Najib, Shafee contended that the MACC may not have complied with provisions under Section 43 of the MACC Act 2009 on how to legally procure such audio recordings.
The lawyer contended that the method the MACC used to obtain the audio recording must be such that it does not deprive Najib’s fundamental right to privacy and right to a fair trial, under Articles 5 and 8 of the Federal Constitution respectively.
“It is not just a procedure in a criminal investigation but it also touches very much on the constitutional right of the person (Najib’s fundamental right to a fair trial and privacy per the Federal Constitution).
“The MACC cannot simply tape a conversation without obeying its own law, which is Section 43,” Shafee said.
Article 5 deals with a person’s fundamental right to liberty while Article 8 enshrines a person’s constitutional right to equality under the law.
Shafee was responding to the prosecution’s application to admit the audio recording, whereby prosecutors contended among others that such recording is admissible regardless of whether it was obtained “improperly, irregularly or even illegally” obtained.
Lawyer Muhammad Shafee AbdullahLast week, lead deputy public prosecutor Gopal Sri Ram orally submitted that they seek to bring in the recording to rebut Najib’s claim regarding an Arab donation in the 1MDB matter.
Shafee is set to continue with his oral submissions against the admission of the audio recording tomorrow.
The audio recording was part of multiple recordings that were revealed by then MACC chief commissioner Latheefa Koya in January 2020.
They purportedly involved Najib and other 1MDB-linked individuals.
Meanwhile, the 1MDB trial before judge Collin Lawrence Sequerah continues this afternoon, with The Edge’s chairperson Tong Kooi Ong to resume being cross-examined by Shafee.
Abuse of power, money laundering charges
Najib is facing four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion from 1MDB.
In regard to the four abuse of power charges, the former Pekan MP was alleged to have committed the offences at AmIslamic Bank Berhad’s Jalan Raja Chulan branch in Bukit Ceylon, Kuala Lumpur, between Feb 24, 2011, and Dec 19, 2014.
On the 21 money laundering counts, the former finance minister was purported to have committed the offences at the same bank between March 22, 2013, and Aug 30, 2013.
The prosecution contended that the wrongdoing at 1MDB was carried out by fugitive businessperson Low Taek Jho, also known as Jho Low, and several others with Najib’s blessing.
However, the accused’s defence team claimed that Najib had no knowledge of the crime perpetrated at 1MDB and the embezzlement was solely masterminded by Low and other members of the fund’s management.
The BN advisory chairperson is serving a 12-year jail sentence after the Federal Court on Aug 23 dismissed his appeal against the RM42 million SRC International corruption case conviction.
Initially a subsidiary of 1MDB, SRC later became fully owned by MOF Inc. Najib also used to be adviser emeritus to SRC. - Mkini

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