LAWYERS involved in Najib Razak’s 1Malaysia Development Bhd (1MDB) trial, which is set to start today, are likely seek a delay to allow the prosecution to wrap up its case in the ongoing SRC International trial.

Both defence lawyers and the prosecution have tried unsuccessfully to avoid simultaneous hearings for both the SRC International trial and the 1MDB case.

The SRC International trial is approaching the end of its first half, with the prosecution left with its final witness in the stand.

The 1MDB trial – where Najib faces 25 criminal charges – is officially set to run from August 19 to November 14 and will be heard by Kuala Lumpur High Court judge Collin Lawrence Sequerah.

This morning, lawyers will be present before Sequerah to ask for several 1MDB hearing dates to be given up to allow the full testimony of the prosecution’s final witness, Malaysian Anti-Corruption Commission investigating officer Rosli Husain, before another judge.

The prosecution, led by Attorney-General Tommy Thomas, will then likely apply for the trial proper to begin in two weeks, which is the stipulated time needed by the defence to prepare after receiving last week’s pre-trial evidentiary documents that included witness statements.

A date previously mentioned by Thomas as a desirable start date was August 28.

After the matter is heard, and if Sequerah allows it, the SRC International trial is expected to continue later in the morning before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.

Najib is currently facing seven criminal charges in relation to the SRC International trial, a former subsidiary of 1MDB, from which he is accused of receiving RM42 million into his personal accounts between December 2014 and February 2015.

For the 1MDB trial, he faces 25 charges of money-laundering and abuse of power over RM2.28 billion in 1MDB funds deposited into his AmBank accounts between February 2011 and December 2014.

Lawyers have previously attempted to delay the 1MDB trial to allow the SRC International trial to conclude. The Federal Court, however, ruled last week that the 1MDB trial must proceed.

SRC International trial ongoing

For the SRC International trial, the prosecution’s case has only finally entered its final leg with its 57th and final witness remaining, four months after the trial began on April 3. 

After Rosli finishes his testimony, the prosecution will then conclude its case. About a month after that, both sides are expected to present their oral submissions. Nazlan will then decide whether there is a prima facie case against Najib.

If that is established, Najib will be asked to enter his defence, after which the trial enters its second phase with the defence calling its witnesses to the stand. This part of the trial will likely take place only early next year.

After the defence concludes its case, the final submissions will be ordered, after which Nazlan will reserve his judgment and deliver it later.

During the course of the trial, the burden of proof is on the prosecution, who must prove that Najib is guilty of a crime beyond reasonable doubt. As a legal right of an accused in a criminal trial in Malaysia, Najib is presumed innocent until proven guilty.

If Najib is convicted by the high court, he may appeal at the Court of Appeal. The high court may also allow an application to stay the execution of his jail sentence until his appeals are exhausted at the appellate courts.

Najib faces a total of 42 criminal charges, spread out over five criminal trials. The former prime minister’s legal team is led by prominent lawyer Muhammad Shafee Abdullah. – August 19, 2019.