THE Kuala Lumpur High Court has dismissed an application by Najib Razak’s lawyers to interview a Malaysian Anti-Corruption Commission (MACC) officer before the latter appears as a defence witness at the SRC International trial.
MACC assistant commissioner Mohd Nasharudin Amir, who was an investigating officer in the SRC International case, was previously named as the seventh defence witness.
In dismissing the application, Justice Mohd Nazlan Mohd Ghazali said the intended witness was neither a prosecution witness nor was he offered to the defence.
The judge added that Nasharudin was not bound by the control of the public prosecutor as he was a MACC officer, and therefore could be compelled to participate in an interview.
Nazlan said he believed Najib’s rights as an accused in a proper trial would not be affected: “The application is therefore dismissed. It is up to the defence whether or not to call the intended witness.”
Present today were lead defence counsel Muhammad Shafee Abdullah and co-counsel Harvinderjit Singh who made their oral submissions this morning.
Shafee made no mention whether he would drop Nasharudin as a witness.
Ad hoc deputy public prosecutor V. Sithambaram represented the prosecution’s case. Attorney-General Tommy Thomas was present in court.
Shafee had said last week it would be negligent to allow Nasharudin to testify without first interviewing him as he might turn out to be a “kamikaze witness” who could “destroy” the defence’s case.
MACC senior investigating officer Rosli Hussain, who is the 57th and final prosecution witness, was seated in the public gallery.
Najib faces seven criminal charges of having received RM42 million from SRC International between December 2014 and February 2015.
The 66-year-old faces up to 20 years imprisonment, if convicted.
The trial continues. – February 24, 2020.
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