KUALA LUMPUR (May 19): The prosecution in the 1Malaysia Development Bhd (1MDB)-Tanore trial told the High Court today that they intend to apply for contempt proceedings against former prime minister Datuk Seri Najib Razak for comments he made about the trial being unfair.

Lead Deputy Public Prosecutor in the trial, Datuk Seri Gopal Sri Ram, said he intends to initiate the proceedings because an article quoting Najib in March contained serious allegations.

In an interview with Reuters on March 4 this year, Najib had said the fall of the Pakatan Harapan government meant that he expected an atmosphere more conducive to a fair hearing in the trial under the new Perikatan Nasional government.

“This means that your Lordship's court acted unfairly before the changing of the government. This is a serious allegation. I would be pushed to take contempt proceedings against the accused (Najib),” Sri Ram informed the presiding judge, Justice Collin Lawrence Sequerah.

The article quoted Najib as saying: “I would expect that the atmosphere would be more conducive towards a fair trial.

“I’m not alluding to anything, because there's no conclusion to the trial... But hopefully, you know, I will get a fair trial.”

Najib’s lawyer Tan Sri Shafee Abdullah defended his client by pointing out there were no contempt proceedings brought against former prime minister Tun Dr Mahathir Mohamad, given the comments he has made recently as well as in the past about Najib.

"Tun M declared my client as a 'penyangak', a robber or thief. Nobody cited him for contempt. He seems to get away with it," said Shafee.

Shafee then told the court that in Najib’s SRC International Sdn Bhd trial, he had made an application for a gag order so that no public comments can be made about the trial.

“We have asked for a gag order in the SRC case, but it was denied,” he said.

Shafee then explained what his client may have meant by his comments in relation to Dr Mahathir’s comments.

“Perhaps my client meant that by getting rid of Mahathir, he would get a fair trial atmosphere,” he said.

Shafee then asked Sri Ram and the prosecution to reconsider the contempt application against Najib.

Shafee asks why Dr Mahathir not cited for contempt by prosecution
Speaking to reporters after proceedings today, Shafee said that other people who had called his client names should also be cited for contempt by the prosecution, such as Najib’s biggest critic, Dr Mahathir.

“Calling him (Najib) a thief and robber and so on when the trial is going on is also prejudicial.

“This trial is to decide whether he stole or misappropriated the money. But if everyone outside including the media keep on saying he stole the money, he is the thief and robber, then you are creating a prejudice.

“How come the prosecution is not taking action against them? They should get those people, like Dr Mahathir and others, for contempt,” said Shafee during a presser outside the Kuala Lumpur High Court today.

Shafee clarified that Najib’s comments were not meant to attack the court as far as the judges were concerned.

“With the change of government, he hopes the atmosphere [surrounding the case] will be better. That does not mean the atmosphere in the court vis-a-vis the judge should change,” Shafee said.

“He didn’t say the judge must be changed, no. My interpretation is reasonable — the atmosphere must change. Not the court.”

He said that his client is hoping that the atmosphere in the media would also change. 

In the 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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