THE prosecution in Datuk Seri Najib Tun Razak’s 1Malaysia Development Berhad (1MDB) trial argued today that a recent Facebook post by the former prime minister could be considered sub judice and prejudicial to the ongoing legal proceedings.
Deputy Public Prosecutor Ahmad Akram Gharib told the High Court that the two-page press statement posted on Najib’s Facebook last Friday was "very, very improper" as it was one-sided and potentially harmful to the trial.
“This post has garnered significant attention, receiving 8,000 likes, 560 shares, and 468 comments, with many reactions that are adverse to the prosecution’s case,” Ahmad Akram said.
He added that the post discussed the testimony of the 13th defense witness, R. Rajagopal, the former head of the Commercial Crime Investigation Department (CCID), and 1MDB’s former chairman, Tan Sri Che Lodin Wok Kamaruddin.
The prosecutor said the press statement should have been presented factually and without drawing conclusions. He pointed out that the defense team had previously been warned about making statements that could prejudice the trial.
“My Lord, previously, your lordship had cautioned the defense team on issuing statements that could affect the trial. The defense had promised to avoid discussing matters pending trial.
“However, this post clearly prejudices the trial. Therefore, I request that the court issue a warning to the defense,” Ahmad Akram added.
In response, Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, defended the Facebook post, arguing that it was entirely based on facts and reflected the testimonies of the two witnesses presented in court.
“I fail to understand the prosecution’s complaint, as it has no grounds. The statement merely clarifies that Rajagopal’s testimony is ongoing and will continue this week,” Shafee said.
He argued the prosecution had not taken action in the past when the media reported his client’s case in a biased manner.
Justice Datuk Collin Lawrence Sequerah, who was presiding over the trial, intervened stating there is the need to focus on the case and avoid unnecessary distractions.
“We are trying to conduct the trial without too many diversions so that we can focus on the case.
“After all has been said, what we can work towards is avoiding making press statements about what witnesses have said before they have completed their testimony,” Sequerah remarked.
A check by The Vibes.com revealed that the post has not been taken down from Najib's Facebook page.
The trial, which resumed today, will continue as Najib faces 25 charges, including four counts of abusing his position to accept RM2.3 billion in bribes from 1MDB funds and 21 charges of money laundering involving the same amount.
The hearing will resume tomorrow. – March 10, 2025
