NEWS coverage of Najib Razak’s graft case has been overwhelming and may affect the proceedings and outcome of the trial, the Kuala Lumpur High Court heard today.

Najib’s legal team is arguing that the publicity generated has been heavily slanted against the former prime minister, who is facing a total of seven charges pertaining to SRC International Sdn Bhd, a former subsidiary of 1Malaysia Development Bhd (1MDB).

“I don’t think there has even been, at least since the Anwar Ibrahim trial, such pre-trial publicity where people say, ‘Why bother having a trial at all?’” Najib’s lead counsel, Muhammad Shafee Abdullah, told the court.

Najib was seated in the dock. He arrived at the court just after 9am today and appeared calm throughout this morning’s proceedings, presided over by judge Mohd Nazlan Mohd Ghazali. 

Najib is facing three counts of criminal breach of trust, one count of corruption and three counts of money laundering in relation to receiving RM42 million from SRC International into his personal accounts.

If found guilty on all charges, Najib may face up to 125 years’ jail if the sentences run consecutively. 

Shafee cited comments by Prime Minister Dr Mahathir Mohamad, Finance Minister Lim Guan Eng, Attorney-General Tommy Thomas, Malaysian Anti-Corruption Commission chief Mohd Shukri Abdull, DAP lawmaker Tony Pua as well as online publications by the Sarawak Report and scathing comments on online newspapers as examples. 

Public comments and the ongoing media coverage may have a “subconscious effect” on Nazlan in assessing evidence “because after all, all judges are human beings”, he said.

Witnesses’ abilities to give testimony “without fear or social censure” may also be affected, he said. 

“With all these statements, there will be witnesses… whose testimonies may be affected severely under pressure.

“There will be the idea in their heads that the majority of people in the country want Najib to be convicted.”

Shafee said the defence did not oppose reportage of the trial but commentary that “attempts to influence the conduct and outcome” of the pending trial.  

He then read out some online comments in the defence’s affidavit.

He cited an online reader who responded to a call by Najib’s daughter, Nooryana Najwa, for Malaysians to spare a thought for the former prime minister after his arrest on July 4.

“Each time you cry for Najib, think of the family of Kevin Morais,” the comment read, referring to the deputy public prosecutor who was murdered in 2015.

Shafee also read out The Star’s report, New MACC chief breaks down in recounting what he went through, published on July 22, in which an emotional Shukri recounted how he had to run away from authorities to the US after failing to indict Najib for crimes related to SRC International. 

Deputy public prosecutor Mohd Hanafiah Zakaria said a blanket ban on public commentary is overreaching and that the defence has made no attempt to cite people for contempt despite naming individuals in their affidavit. 

“They can take contempt proceedings… however, no report has been lodged since Najib was arrested on July 4.

“The action they should take is to apply a gag order against the individuals but not against the public at large, which is something hard to enforce,” he said.

Proceedings on the defence’s request for a gag order continue this afternoon. – August 10, 2018.