AN argument over social distancing requirements in Najib Razak’s corruption trial today led to the judge suggesting that the hearing be held at a wet market to satisfy the defence team.

Lead defence counsel Muhammad Shafee Abdullah threatened to quit after verbal exchanges with Kuala Lumpur High Court judge Collin Lawrence Sequerah, who had brushed aside the his request for more than three lawyers to be present during proceedings.

“I’m not just following the SOP (standard operating procedure) for the sake of being difficult. I’m not coming at that angle. I am adhering to the SOP because I think the health and safety of human life is paramount. That is the reason why I follow the SOP. It’s not because of anything else,” Sequerah said.

Shafee shot back saying it was for the same reason that he had suggested that the trial be postponed to June 9, when the conditional movement control order (CMCO) expires.

“This way we can achieve both a fair process of trial and the safety of human life. I cannot function like this. I may need to discharge myself,” Shafee said.

More words were exchanged before Sequerah suggested that it would be better and less restrictive for the trial to be held at the Kuala Lumpur wholesale market in Selayang.

“You can have how many people you want in court,” the judge said.

Following the implementation of the conditional movement control order, the courts began opening in stages on May 13.

Social distancing rules, announced by the Chief Registrar of the Federal Court of Malaysia, required that the lawyers appear alone at their table in court.

Shafee, who complained that he did not have access to documents while cross-examining a witness, was previously assisted by 10 lawyers in court, some of whom sat in the public gallery today taking notes.

After a short recess, Shafee and lead prosecutor Gopal Sri Ram met the judge in chambers.

The court was informed later that both the prosecution and the defence would formally apply to the Chief Judge of Malaya Azahar Mohamed to allow more lawyers to attend the case. Shafee and Sri Ram said they will also meet Azahar later today.  

Earlier Shafee asked the judge if some media members in the public gallery could be made to leave to make room for his lawyers. The lawyer also complained that his chambering students were not able to obtain passes to the public gallery today, into which matter the judge said he would investigate

Social distancing guidelines allow a maximum 10 reporters, five relatives, and five members of the public, to attend court proceedings.

Meanwhile, Sequerah allowed today’s hearing to end early after Sri Ram said that the prosecution witness, former 1Malaysia Development Bhd CEO Shahrol Azral Ibrahim Halmi, was fasting.

Najib is on trial for four counts of power abuse to enrich himself with RM2.3 billion of 1MDB ‘s money and 21 counts of laundering the same amount. He faces up to 20 years’ imprisonment, if convicted.

The trial resumes tomorrow. – May 20, 2020.