THE prosecution in Najib Razak’s 1Malaysia Development Berhad (1MDB) trial today told the High Court that it could not control media reporting on the case. 

Deputy Public Prosecutor Ahmad Akram Gharib raised the point after Najib’s lead counsel Muhammad Shafee Abdullah made a complaint to Judge Collin Lawrence Sequerah on the recent articles published by various local media linked to his client. 

Shafee, who referred to articles titled “Najib suspected receiving US$681 million (RM3.17 billion) to buy votes during the 13th general election”, contended that the articles were prejudicial and unfair as out of the US$681 million, US$620 million was returned. 

“There has never been any proof that the money was used to influence the GE13 voters. There is only evidence that the money was given to various Umno divisions and for corporate social responsibility efforts. We will be taking action against some media for contempt,” he said. 

Shafee also complained that the 49th prosecution witness, namely MACC Senior Supt Nur Aida Arifin, 37, had drawn various “conclusions” about the case in her witness statement.  

“My Lord, the outcome of the case ought to be determined by the presiding judge, and not by a witness in the proceedings. It is the obligation of the prosecution to remove hearsay content from the witness statement. 

“I will be taking objections (against Aida’s witness statement). My client has been prejudiced,” he said, adding that the defence objected to the “conclusions” made by Nur Aida in her witness statement. 

At this juncture, Ahmad Akram countered that Nur Aida was merely referring to a report lodged with the commission in 2015 where it was alleged that funds from 1MDB were used to buy votes during GE13. 

“Thus, the media reports were based on what was said in the open court by Nur Aida. The witness was merely quoting an official report verbatim which she later investigated; thus, we (prosecution) cannot control what and how the media reports. 

“What is important is that what she said in court will eventually become evidence. She was just referring to a report and read it out loud in the open court,” said the prosecutor, adding that MACC was duty-bound by law not to disclose the identity of the real complainant.  

Justice Sequerah took note of all the objections raised by the lawyer and subsequently asked the witness to continue reading the statement from where she left off. 

Najib, 70, is facing four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount. 

The hearing continues Monday. – Bernama, January 5, 2024.