DAY four of Najib Razak’s SRC International trial saw its first flashpoint today when Attorney-General Tommy Thomas and defence lawyer Harvinderjit Singh clashed on the prosecution’s style of questioning a witness. 

The incident happened when DPP Suhaimi Ibrahim was re-examining the second witness, Azizul Adzani Abdul.

Azizul led a team from Bank Negara Malaysia in a raid at AmBank on Jalan Raja Chulan, Kuala Lumpur, on July 6, 2015, to seize documents on accounts owned by Najib, SRC International and Gandingan Mentari.

Harvinderjit interjected several times on Suhaimi’s style of questioning, which sparked off the clash.

Harvinderjit: Are my learned friends (the prosecution) trying to coach the witness on the answers?

Suhaimi: No, this is my style of questioning. 

Tommy: Yang Arif, this is just the style of Suhaimi, to question this way. They (defence) have been questioning the witness for about four to five hours (aggressively) and we didn’t say anything. 

We only wanted to ask six general questions. Maybe my learned friend has not been doing this as long as us because we have been doing it for 42 and 43 years respectively. 

Harvinderjit: Yes, I may have been doing this for a shorter time than my learned friend (Tommy) but they shouldn’t be questioning that way. 

At this point, the judge stepped in and asked Suhaimi to continue with his questioning. 

The DPP asked another question before dismissing the witness.

Azizul was earlier cross-examined by Harvinderjit after he produced a copy of a police report he lodged after leading a raiding party at AmBank.

Harvinderjit said Azizul stated in his police report that this case (following the raid at AmBank) should be investigated under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

Harvinder: You as (and I don’t believe you) a raiding officer, on your own came up with a conclusion that is AMLA based on these documents. 

Azizul: Maybe.

Harvinder: Come on, tuan, you are not being very honest. I have cornered you here. Have you been briefed by any other party to come to this trial to give false information?

Azizul: No.

It was at this point that Suhaimi began his re-examination of the witness to which Harvinder objected.

The lawyer said prosecution should only refer to matters raised during cross-examination, adding that Suhaimi should refer to the answers by the witness during cross-examination before asking more questions.  – April 17, 2019.