KUALA LUMPUR: The admissibility of an audio recording purportedly of a conversation between former prime minister Datuk Seri Najib Razak and an individual called "Your Highness" could jeopardise his rights to a fair trial, the High Court here was told.
Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said the recording was also an infringement of his client's right to privacy under Article 5(1) of the Federal Constitution.
Muhammad Shafee was making his submission to object to an application by the prosecution in Najib's RM2.28bil 1Malaysia Development Bhd (1MDB) trial here on Tuesday (Nov 22).
On Nov 15, lead prosecutor Datuk Seri Gopal Sri Ram applied to admit an audio recording of an alleged conversation between Najib and a Middle-Eastern leader in the trial to rebut the former premier's defence that the monies that went into his personal bank accounts were donations.
The recording is part of a series of nine audio clips disclosed by then Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya in January 2020, purportedly linked to SRC International and 1MDB, which also included another alleged phone conversation between Najib and his wife Datin Seri Rosmah Mansor, among others.
In his submission, Muhammad Shafee said the court must consider the effect it would have on the rights of the accused if the recordings were admitted as evidence in court.
"The evidence would only give an advantage to the prosecution while the defence would not be able to use them," he said.
According to Muhammad Shafee, the legality of the recordings was also questionable.
"The questions that arise not only include the procedure (of obtaining the audio) but also the rights of the individual involved as enshrined in the Federal Constitution," he added.
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Last week, Sri Ram said in his application that the recording should be admissible under Section 41(A) of the MACC Act and that there was a "special provision" which took precedence over Section 65 of the Evidence Act that deals with documentary evidence.
"For that purpose, we also submit that a tape recording, a recording of this nature, is a document. My Lord, even if the audio was obtained irregularly or illegally, it will still be admissible," Sri Ram said.
Najib, 69, is on trial for 25 charges in total: four for abuse of power that allegedly brought him financial benefit to the tune of RM2.28bil; and 21 for money laundering involving the same amount of money.
The submission continues before Justice Collin Lawrence Sequerah on Wednesday (Nov 23).
