Najib is shocked, Shafee cries contempt

KUALA LUMPUR: While Datuk Seri Najib Razak – who has been implicated in MACC’s exposure of audio recordings – expressed shock, his lawyer is calling for the graft busters to be held for contempt.

Tan Sri Muhammad Shafee Abdullah alleged that the Malaysian Anti-Corruption Commission (MACC) had committed subjudice and contempt of court by releasing recordings that implicated high-ranking officials and the former prime minister to the public.

The lead defence counsel for Najib in the ex-premier’s ongoing corruption trials relating to 1Malaysia Development Bhd (1MDB), said the defence was seriously contemplating a contempt action against MACC, particularly chief commissioner Latheefa Koya.

“Releasing the tape now and discussing in public in a media release is in fact subjudice, ” he said.

“It is in fact contempt. Was the MACC trying to influence and subjudice the ongoing trial?” he said.

Shafee said in normal circumstances, once a purported evidence had been discovered, a police report would be lodged. And this, he said, would lead to a confidential investigation. “It would not be released to the public. The investigation itself is confidential.

“In fact, Latheefa herself said these were official secrets that former MACC chief Tan Sri Dzulkifli Ahmad was apparently discussing (in the recording).

“She is guilty of the same thing because these matters are still to be investigated, ” Shafee added.

He said by holding yesterday’s press conference, Latheefa had disclosed information and the police would now have to investigate something that was already in the public domain. “That itself is a very serious breach by herself, ” he said.

Soon after MACC’s revelation, Najib said outside the High Court that he was shocked at the anti-graft commission’s action.

“I will look into what could be done legally. During that time, I was the head of government, ” he said.

“This is the first this has happened in history, ” he said.

Najib, who was on the stand earlier at the SRC International trial, said he would study the content of the recordings and had referred the matter to his lawyer.

However, he did not confirm nor deny whether the conversations took place, adding that he would be looking into possible legal action as the recordings appeared to have been derived from taps on his phone.

At a press conference later, Najib rubbished the notion that he was reprimanded by his wife Datin Seri Rosmah Mansor in the recordings.

“Conversations with my wife are private. It is every citizen’s right to discuss anything (with their spouse) as long as it is not disclosed to public, ” he said.

Asked whether Rosmah had tried to advise him on government matters, Najib said anyone could offer their opinions but it was he who would make the final decision.

The former premier also questioned the timing of the recordings’ release.

“What is the motive... does it have anything to do with the Kimanis by-election? I also wonder whether any party have the right to wire tap a PM, let alone his conversation with heads of states. This will impact diplomatic ties and Malaysian interests with other countries.

“These are the questions that must be answered promptly, ” he said.

Asked whether he knew which agency had the capabilities to conduct wire taps, Najib said he knew but could not disclose it.

“Whether these wire tappings followed procedures, that is what we want to find out - whether it is illegal or legal. If its illegal, then they have to answer for it, ” Najib said.

Rosmah, who was also implicated in the recordings, is keeping mum on the matter. A woman purported to be her, was heard saying: “Darling, you are the prime minister. You should take charge, not anybody else... and you got fools around you.”

Outside the High Court, she said: “My lawyers will take care of it.”

When asked whether she would be suing MACC, Rosmah said: “I have nothing to say.”

She was at the court over a corruption case involving a solar hybrid project in Sarawak.