LAWYERS have differing opinions on whether witness protection should be extended to former prime minister Najib Razak, who said his life was at risk after police made public some of the loot they had seized from an upmarket condominium on Friday.

Najib lodged a police report at the Sentul police headquarters on Friday, claiming there was a threat to his and his family members’ lives from people linked directly and indirectly to 1Malaysia Development Bhd (1MDB) funds domestically and abroad.

For over three days since Wednesday night, well-publicised police raids have been carried out at the Prime Minister’s Office in Putrajaya, Najib’s Taman Duta mansion, and two condominium units at the Pavilion Residences in Kuala Lumpur.

“He’s the suspect! He’s not a witness. Never heard anything more ridiculous than that,” said lawyer Latheefa Koya, who is a council member of PKR’s central leadership.

Anwar Ibrahim’s lawyer, Gurdial Singh Nijar, said: “If he is a suspect then he does not qualify. Witness protection is for witnesses who will testify in a case against the accused.”

“A potential or actual witness only qualifies. Najib needs to wait and see whether he will be charged after all the evidence is gathered and investigation papers are presented to the attorney-general.”

Malaysians had expressed anger and disgust after reports of the police’s seizures were made public early on Friday.

Kuala Lumpur police had said that they seized 72 luggage bags of various sizes containing cash in various currencies. They also seized 284 designer handbags worth millions of ringgit.

A criminal lawyer told Malaysia Decides the Witness Protection Act 2009 could be applied to Najib despite him being the primary subject of a police investigation for wrongdoing related to 1MDB.

“He does qualify, if his life is threatened,” said Rajsurian Pillai.

“He’s not only a suspect in the ongoing investigation, he’s also a witness in his own case as well as any cases against any other wrongdoers.

“This means that if there is a criminal charge against any other person suspected of wrongdoing, Najib can be a witness in that case.

“That’s why it does make sense that people are allegedly threatening his life. He would be a good prosecution witness against others if charged.”

Rajsurian added that it would be up to the police’s discretion whether to provide such protection.

The Witness Protection Act 2009 defines a witness as a person who has given or who has agreed to give evidence on behalf of the government in a criminal proceeding or in relation to the commission of an offence.

A witness can also be defined as a person who has provided any information, statement, or assistance to a public officer or an officer of a public authority in relation to an offence.

Witnesses who fear for their lives can forward an application for protection through the Malaysian Anti-Corruption Commission to the Witness Protection Unit, which is under the purview of the Prime Minister’s Department.

According to the MACC website, protection can be given to a person who can testify to the agency and in the court of law, based on the knowledge or involvement in any crime, including acts of corruption or its transactions.

Such a person will be determined as a witness during the investigation and their testimony can be used as an evidence. – May 20, 2018.