Should MACC have revealed those recordings? We ask lawyers

PETALING JAYA: Legal opinion is split over whether the audio recordings released by the Malaysian Anti-Corruption Commission implicating Datuk Seri Najib Razak could be construed as contempt of court due to the ongoing SRC International and 1Malaysia Development Bhd (1MDB) trials.

Lawyers The Star spoke to also noted that there may be issues in proving a recording’s authenticity if the maker is not known.

While some think that the recordings should have no bearing on the trials, others questioned whether such recordings should have been allowed to be played publicly when the alleged subject of the recordings was still facing trial.

One lawyer said it was not appropriate for such recordings to be broadcast when the evidence could have been used in court.

Lawyer Muhammad Akram Abdul Aziz said it could be argued that a general discussion of the recordings would not be in contempt of court.

“Perhaps if it is directly discussing the ongoing legal proceedings, it could be argued as being sub judice.

“As I know, there is no gag order to prevent the recordings of any documents from being discussed in public, ” he said.

Laywer Nizam Bashir added that there should not be any “real concern” about contempt of court with regard to playing the audio clips.

“While it may be preferable that there should not be a ‘trial by media’, the fact remains that Malaysia no longer has trial by jury.

“Our High Court judges, being legally trained, would be able to cast a more critical eye on material which has only been played out in the media but has not been scrutinised in court, ” he said.