THE high court yesterday decided to proceed with Najib Razak’s trial in respect of four charges against him in the 1Malaysia Development Bhd scandal, even as his SRC International Sdn Bhd case continues.
These are among a total of 42 charges against the former prime minister after he lost the general election on May 9 last year. Of course, there are many who think the charges reflect his guilt, and that he should already be jailed.
But the course of justice is slow, and at times, meandering.
The number of charges against the Pekan MP also means it will take some time for him to answer all of them through his lawyers, who will rebut and proclaim his innocence.
The prosecution had asked for the 1MDB case to be stayed until the SRC International trial is done and dusted, but 1MDB trial judge Collin Sequerah yesterday ruled against it, insisting that the new trial begin on August 19 instead of October 1.
Will breaking off one trial, which entered its 34th day today with the 43rd witness returning to the stand, for another trial serve the cause of justice for Najib and Malaysia?
Consider the following.
1. The prosecution has sufficient resources to have separate teams for two trials happening at the same time. But, Najib’s legal team acting for him in the SRC International trial will also defend him in the 1MDB case.
It would be manifestly unfair to expect them to be prepared to handle two major trials at the same time. Unless, one insists on Najib hiring an entirely different legal team.
See, the new government had promised that all its decisions would be centred on the rule of law and natural justice. Well, those principles must be enjoyed by all, even a reviled former prime minister.
2. The public has the expectation of some justice being served in the 1MDB and SRC International trials, which have cost Malaysia billions of ringgit and its reputation.
It has been more than a year since the change in political power, and yet, not even one court case related to these financial scandals has been resolved.
In the SRC International case, at least another 20 witnesses are waiting to be called to testify. At this point, the case has some five weeks until August 19, but to conclude it would take some time.
Having two criminal cases happening at the same time just means that it will now take even longer for the resolution of the SRC International trial. Instead of finishing in September or October, this case could drag on till next year.
That would be some two years since Najib was charged with 42 counts, but none resolved either way. In respect of the 1MDB case, he faces four counts of using his position to attain gratification for himself as a public officer, namely as prime minister, finance minister and 1MDB chairman.
Najib also faces another 21 counts under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Unlawful Activities Act 2001, involving 1MDB funds amounting to RM2.28 billion.
This case will take a lot of time and focus, too.
That means the Attorney-General’s Chambers must appeal high court judge Sequerah’s decision to proceed with the 1MDB case and ensure that priority is given to completing the SRC International trial, which has passed its midway point.
The legal system must finish at least one trial involving Najib before prosecuting him in others.
After all, not only must justice be done, but it must also be seen to be done. – July 9, 2019.
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Posted 6 years ago by Billy rave · Reply