Prosecution wants Najib to apologise for two Facebook postings

KUALA LUMPUR (July 26): The prosecution in the SRC International Sdn Bhd case wants Datuk Seri Najib Razak (pictured) to apologise for two contentious Facebook postings he made earlier this month regarding his credit card purchases in August and December 2014.

The prosecution had yesterday filed an application, which was sighted by theedgemarkets.com, to the High Court that among others wants the former prime minister to apologise for the two postings, as well as for the court to issue an order prohibiting Najib from making further postings about the case and for the postings to be removed.

The formal written application was filed by the prosecution at the request of trial judge Justice Mohd Nazlan Mohd Ghazali following an oral application made by Attorney General Tommy Thomas.

The postings in question were dated on the night of July 15 and on the morning of July 17.

Deputy Public Prosecutor Muhammad Izzat Fauzan affirmed an affidavit in support of the application.

Izzat said he went to court on July 18, when the public prosecutor brought to the court's attention the postings made by the former premier, the first of which is on July 15 at 9:30pm regarding his credit card being used to purchase RM3.3 million worth of jewellery from Italy, and the second was posted at 11:23am on July 17 regarding the purchase of the Chanel watch in Honolulu, Hawaii in December 2014.

The prosecution, Izzat said in his affidavit, had called AmBank's vice president Yeoh Eng Leng to testify as the 47th prosecution witness to give evidence on July 15 regarding the credit card purchase.

"The Public Prosecutor (ie AG) submitted that the act by Najib of commenting on the evidence is sub-judice and that the respondent (Najib) can put forward his version of events in the court of law if he is called to enter his defence and decide to take the stand.

"Subsequently, the learned Public Prosecutor requested that the respondent to personally and unequivocally to apologise to court and secondly undertake that such conduct will not be repeated," Izzat added.

The DPP presented in his affidavit in support the portions of the two postings: the first where Najib claimed the credit card purchase of RM3.3 million in Italy were gifts for a royal family (not from Saudi Arabia or Abu Dhabi) and that the credit card was not issued for and on behalf of SRC, while the second on July 17 regarding the Chanel watch purchase was made during his visit to Honolulu, Hawaii to play golf with then US President Barrack Obama and that more explanation would be made in court soon.

Izzat added the two postings are clearly an attempt by Najib to state his defence via the social media and making a commentary on the evidence given by Yeoh in court.

"This is clearly sub-judice and was done with the intent to colour the evidence before the honourable court and intended to garner support from the mass public to provide pressure and influence the decision by this honourable court.

"Such an act is clearly improper and is tantamount to interference with the due administration of justice and the legal process. Matters raised in the impugned publication are now pending judicial determination and encroach the issues presented through Yeoh's evidence that ought to be addressed and decided by the court.

"It is not in the public interest to allow or permit such prejudicial publications that reflect on adversely or otherwise the evidence which is pending judicial determination by the court," Izzat emphasised in the affidavit in support.

The application may be heard before Justice Nazlan when trial resumes again next week.

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