KUALA LUMPUR: The High Court will decide next Monday (Feb 24) whether an investigating officer from the Malaysian Anti-Corruption Commission (MACC) could be compelled to give an interview to the defence before testifying in the SRC International Sdn Bhd trial.
The issue came up when lead counsel Tan Sri Muhammad Shafee Abdullah, who is representing Datuk Seri Najib Razak, informed the court that the witness, MACC assistant commissioner Mohd Nashrudin Amir refused to be interviewed.
The witness is scheduled to take the stand in the SRC trial where Najib is accused of misappropriating RM42mil of SRC’s funds.
Shafee said Nashrudin cancelled a meeting with the defence on Feb 15.
"It is a precondition for us to call a witness so we can interview them. Any witness called (to the stand) without interviewing them would be a total negligence.
"The witness can turn out to be a kamikaze witness that destroys our case in a fair or unfair manner," he said here Monday (Feb 17).
Meanwhile, lead prosecutor Datuk V.Sithambaram said the prosecution was of the view that the court has no jurisdiction to compel the witness to be interviewed by the lawyers first before they were called to the stand.
Justice Mohd Nazlan Mohd Ghazali then asked both parties to submit on the issue next Monday and adjourned the proceedings for the day.
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