Prosecutors in bid for orders compelling Najib to apologise, remove Facebook posts on SRC trial

KUALA LUMPUR, July 26 — The prosecution has sought for the High Court to direct Datuk Seri Najib Razak to apologise for making Facebook comments on his corruption trial while it is ongoing.

They formally applied today for three orders against the former prime minister, including one for Najib to “personally” apologise to the court for publishing allegedly sub-judice comments on his Facebook page on July 15 (9.30pm) and July 17 (11.23am).

They are also seeking an order for Najib to remove the published Facebook comments, and a third to bar him from publishing similar remarks on evidence presented during his trial over RM42 million of former 1Malaysia Development Bhd unit SRC International Sdn Bhd’s funds.

In an affidavit filed in support, deputy public prosecutor Muhammad Izzat Fauzan asserted that the two Facebook comments by Najib were patent attempts to present his defence through social media and commentary on evidence presented in court.

“This is clearly sub-judice and was done with intent to colour the evidence before this honourable court and intended to garner support from the mass public to provide pressure and influence the decision of this honourable court.

“Such an act is clearly improper and is tantamount to interference with the due administration of justice and the legal process,” said Muhammad Izzat, who is part of the prosecution team in Najib’s trial.

Muhammad Izzat further argued that Najib’s two posts were prejudicial to evidence given by the 47th prosecution witness in the ongoing trial, noting that matters raised in them have yet to be decided by the court.

“They would invariably prejudice the outcome of proceedings which presents a real and substantial risk of interference with the legal process and the due administration of justice,” he said, further arguing that it would not be in the public interest to allow such prejudicial publications.

Najib’s Facebook posts are related to evidence given on July 15 by the 47th prosecution witness, AmBank’s senior vice-president Yeoh Eng Leong, regarding how Najib’s two Mastercard and Visa Platinum credit cards were used in 2014 and 2015.

Yeoh confirmed that Najib’s two credit cards were used for 10 separate transactions totalling €763,500 or over RM3.3 million at Swiss jeweller De Grisogono’s store in Italy in August 2014, as well as for US$130,625 on December 22, 2014 at Chanel in Honolulu (equivalent to RM466,330.11 at that time) and RM127,017.46 on January 4, 2015 at Shangri-la Hotel in Bangkok.

Najib made various claims in his July 15 and July 17 Facebook posts, including that the RM3.3 million splurge at the Italy jewellery store was for a foreign royalty who he claimed to be a queen, as well as when the Chanel buy was made.

On July 18, Attorney General (AG) Tommy Thomas raised the matter of Najib’s Facebook posts to the trial judge, asking that the former prime minister apologise over his actions of commenting publicly on the evidence while the trial is still going on and to promise not to repeat such behaviour.

The AG pointed out then that Najib could present his own version of events if he is called to enter his defence in the trial, but noted that it would be sub judice for him to comment on the evidence now.

Najib’s trial is currently still at the prosecution stage, and he will be able to testify or call in his own defence witnesses if he is called to enter his defence after the prosecution stage.

On July 23, the High Court requested the prosecution to make a formal application for an apology from Najib.