21/08/2024
Shafee: SRC Ruling Is Fundamentally An Error
In continuing with his submission today, defence counsel, Tan Sri Shafee Abdullah pointed out that the SRC judgement on former Prime Minister, Datuk Seri Najib Razak was fundamentally flawed and the same applies to the charges in the ongoing 1MDB-Tanore trial.
This is because there was no indication that the former Prime Minister had any interest in the form of gratification for him through 1MDB or even SRC.
He said that the SRC Court of Appeal decision did not consider if there was any interest for Najib and as for the ongoing 1MDB trial, the prosecution did not prove any interest either.
Presiding judge, Collin Lawrence Sequerah then asked DPP Aqram if the prosecution had taken into account the matter of interest. The DPP then responded that in all the 4 charges, they had invoked the presumption of the interest element only. Shafee said that the prosecution had failed to qualify the interest element.
"In order to invoke presumption, we have to show interest," Shafee stressed.
He added that there should be a breakdown of the 4 charges and that interest is implicit.
"At the commencement of the trial, while it was going on, and now while we are at the end of the trial, we could not have a fair trial.
"These charges have been wrong and fundamentally flawed."
Referring again to the SRC judgement, Shafee said that only in the case of Najib Razak, the High Court had said there was no need to show interest.
Addressing the judge, Shafee said: You have a hot potato, Yang Arif, the culprits are out there, while the one who never benefitted is in jail. It will be recorded in history, because interest is an element of the offence.
He added that if you knock down all the 4 charges, then the AMLA charges should be dropped too.
Court stood down for a bit and will resume shortly...
-Hasnah Abdul Rahman,
Editor-in-chief, New Malaysia Herald
at the KL High Court
21 August 2024