PROSECUTORS argued today that allowing Najib Razak and his family to inspect items seized on premises linked to them in 2018 would open the “floodgates” in setting a bad precedent in money-laundering cases.

The Kuala Lumpur High Court is hearing a motion by Najib and his family to inspect the items seized in connection with the 1Malaysia Development Bhd scandal.

Deputy public prosecutor Fatnin Yusof told the court that the former prime minister must not be allowed to personally examine hundreds of items storedst in Bank Negara as the law does not allow for it.

“We don’t want it to be a floodgate for other Amla (Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001) cases,” she told justice Mohamed Zaini Mazlan today. 

“This will be a test case and we don’t want it to set a precedent because there has never been a situation where physical inspection by the defendant is allowed.”

Najib, his wife Rosmah Mansor and their daughter Nooryana Najwa are seeking to inspect items seized from several properties in May 2018, weeks after Barisan Nasional lost the general election. 

Among the items listed in the motion of notices are 315 handbags of various brands, 14 watches and 27 pairs of shoes of various brands, and millions in cash in various currencies. The family claims that the items are gifts and not illicit gains.

Prosecutors, who are seeking to forfeit about RM1 billion of assets on premises linked to Najib, said the family can identify the items from photographs or videos. 

“We will supply the pictures. We will go as far as to make videos of each exhibit to assist identification,” said Fatnin. 

The items are kept in a vault, making an onsite inspection “impossible”, she said, adding that removing them for inspection elsewhere could damage some items that require “delicate handling.”

“The removal of items… the exercise of doing it, we are afraid that there will be a deterioration in the value of the items,” she said, adding that there are also “security and logistical issues” in the way of such a process.

The judge said he will deliver his decision on the motion on Monday. 

He responded to Fatnin’s submission saying the prosecution could “control” the inspection if it were to be allowed.

“If the inspection is carried out, I believe the prosecution can determine where and when the items can be inspected. You can have the whole thing recorded so there is no interfering whatsoever.”

“You are at liberty to determine how the inspection is to be done – at a certain date, at a certain time. You may say, they are given four hours to go through this, or a reasonable amount of time. You can station personnel there to ensure there is no breach of security.”

“It is very much within your control. It is not like we are allowing them to bring the items home. Then it’s up to me whether to believe their claims or otherwise.”

Zaini added, “We are talking about fairness. In my court, every accused must be given all opportunity to ventilate their defence.”

Najib is represented by Muhammad Shafee Abdullah and Rosmah, by Iskandar Shah Ibrahim.

The items confiscated from residences linked to Najib are valued between RM900 million and RM1.1 billion. 

They include RM440 million worth of jewellery, RM116.7 million cash, 401 watches, 306 handbags including 272 Hermes bags valued at RM51.3 million, and 234 sunglasses worth RM374,000, among others. 

The seizures were made during raids on Najib’s residence in Jalan Langgak Duta and the condo units in Pavilion Residences, where his son and daughter lived, as well as an vacant unit in the same condominium.

The Pekan MP is facing three trials, all of which are ongoing. 

In the SRC International case, Najib is accused of receiving RM42 million in 2014 and 2015.

He faces three charges of criminal breach of trust, one of abuse of power and three of money-laundering.

The trial resumes on Monday, when cross-examination of Najib will conclude. – January 31, 2020.