KUALA LUMPUR (May 20): Both the prosecution and defence in former prime minister Datuk Seri Najib Razak's 1Malaysia Development Bhd-Tanore (1MDB-Tanore) trial appeared frustrated today, as High Court judge Collin Lawrence Sequerah refused their request to have more lawyers during the proceedings.
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah said that while he understands the judge is bound by the Covid-19 standard operating procedure (SOP), the lawyer said he cannot perform under current circumstances.
Justice Sequerah also refused senior deputy public prosecutor (DPP) Datuk Seri Gopal Sri Ram's request to have DPP Akram Gharib seated beside him. Sri Ram said he needs assistance in going through the documents referred to during the cross-examination.
Sequerah: I'm not just following the SOP for the sake of being difficult. I'm not coming from that angle. I am adhering to the SOP because it helps with safety. And human life is paramount.
Shafee: We can achieve both — a fair process of trial and the safety of human life by not proceeding with the trial. That would be a better way to achieve the two. I cannot function like this.
The judge, however, refused to budge. Justice Sequerah said both the prosecution and defence should write to Chief Judge of Malaya Tan Sri Azahar Mohamed regarding the matter.
Shafee also said that while the court registrars agreed to reserve several entry passes for members of the defence to sit in the public gallery, there were no more passes for distribution by 7.35am this morning.
He reiterated that it is paramount that his team is present in the courtroom during the proceedings.
Justice Sequerah, who was visibly upset, responded: "Then why don't we adjourn to Pasar Borong Selayang (Selayang Wholesale Market) and have our hearing there! How many lawyers do you want in the court?"
Sri Ram said the prosecution had communicated with a few court registrars and was told that the decision on the matter is at the judge's discretion.
However, Justice Sequerah maintained that both the prosecution and defence should write to the Chief Judge of the High Court on the matter.
On Tuesday (May 19), the judge gave some leeway and allowed each side to add one more member to sit in during the proceedings, although the SOP only allows two persons on each team.
Shafee and Sri Ram to write joint letter to Chief Judge of Malaya
Shafee and Sri Ram will be writing a joint letter to the Chief Judge of Malaya to seek a meeting in easing the restrictions in the trial.
To prevent the spread of Covid-19, only three lawyers are allowed in at any one time during the trial, in line with SOP set by the court.
Shafee then said he and DPP Akram Gharib will be addressing the matter later this afternoon and had requested that the trial be held until 12.30pm today.
Earlier, Sri Ram and Shafee had addressed Justice Sequerah in his chambers regarding the issue.
An irate Shafee had told the judge that the trial may need to be postponed as he could not function under the current circumstances.
Shafee threatens to quit
Prior to entering the judge’s chambers, Shafee threatened to quit as lead counsel as Justice Sequerah was not willing to budge.
"I cannot function, I have not spoken to my client. I may need to discharge myself,” he said.
Najib’s 1MDB-Tanore trial resumed yesterday after almost seven months of false starts and delays, due mostly to the proceedings of two other 1MDB-linked cases involving the accused — the SRC International Sdn Bhd and the 1MDB audit tampering trials.
In this 1MDB-Tanore trial, Najib is facing four charges of abusing his position to obtain bribes totalling RM2.3 billion, and 21 charges of money laundering involving RM4.3 billion.
The Edge is covering the trial live here.
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