Back in court: The court has fixed Dec 8 to deliver its decision on Najib’s appeal. — Bernama
PUTRAJAYA: The prosecution in the RM2.28bil 1Malaysia Development Bhd (1MDB) trial involving Datuk Seri Najib Razak skirted around the defence’s request for documents relating to Tan Sri Dr Zeti Akhtar Aziz and Goldman Sachs with a “belly dance”, the Court of Appeal heard.
Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah said this in his submission in Najib’s appeal to obtain 19 documents which they claimed were in the possession of local authorities and would help Najib’s defence in the trial.
The lawyer said there were overwhelming media reports that the documents they sought did exist.
“Here is the distinction; they (the prosecution) do not deny it, yet they do not say that they have it.
“I give you an example of how they dance around our affidavit. They do not dispute it exists, yet they tell us ‘hang on, it’s not relevant’.
“They are dancing around us without telling us what it is, like belly dancing,” Muhammad Shafee said before a three-judge panel chaired by Justice Kamaluddin Md Said yesterday.
Justice Kamaluddin: What do you mean (by belly dancing)?
Muhammad Shafee: They showed us, but not enough, not the whole thing.
The lawyer’s remark left the courtroom in stitches.
Justice Kamaluddin: That’s my first time hearing it.
Senior deputy public prosecutor Datuk Seri Gopal Sri Ram told the court that Najib’s application was merely based on news reports and was a waste of judicial time.
“Some of the documents are in the hands of the United States’ Department of Justice. We are unable to produce them as they are not in our possession.
Spousal support: Rosmah leaving the courthouse after attending the proceedings in Putrajaya. — Bernama
“They cannot ask us to produce documents which we do not have,” he said.
Sri Ram likened Najib’s application for the documents to “writing on running water” as it has “no effect”.
The panel fixed Dec 8 to deliver its decision on the appeal.
“We need some time to deliberate on the matter,” Justice Kamaluddin said.
Other judges on the panel were Justices Ahmad Nasfy Yasin and Nordin Hassan.
Najib’s wife Datin Seri Rosmah Mansor and Umno vice-president Datuk Seri Mahdzir Khalid were present in yesterday’s proceedings.
On March 24 last year, Najib filed a discovery application as he wanted to compel the prosecution to disclose banking documents linked to Zeti’s family on claims that her family allegedly received money from fugitive financier Low Taek Jho, also known as Jho Low.
In his second application on April 7 last year, Najib sought to obtain a confidential settlement agreement between Malaysia and US-based Goldman Sachs Group in 2020, which included transcripts or forensics reports from the phones of Tim Leissner, a former Goldman Sachs partner in Asia, as well as data on Goldman Sachs’ server involving Leissner’s communications.
The defence had submitted, amongst others, that the contents of Leissner’s mobile phone could show communication between Leissner and 1MDB officials.
They said that the information on the Goldman Sachs server could show that Najib didn’t know about the criminal schemes and could show who Leissner gave bribes and kickbacks to.
However, on July 12 last year, High Court judge Justice Collin Lawrence Sequerah dismissed Najib’s discovery application on the grounds that it was “premature”.
He agreed with the prosecution that Zeti was not the person on trial and she was yet to be called to testify.
Justice Sequerah also said the Goldman Sachs-linked documents did not constitute part of the prosecution’s case against Najib and therefore the prosecution was not obliged to furnish the documents to the defence.
Najib is currently on trial for four counts of abuse of power and 21 counts of money laundering involving RM2.28bil of 1MDB’s funds.
