KUALA LUMPUR (Aug 20): The prosecution in the 1Malaysia Development Bhd (1MDB-Tanore) trial has not specified in the power abuse charges against Datuk Seri Najib Razak the position he allegedly misused, according to his lawyer Tan Sri Shafee Abdullah.

Noting that Najib at the material time served as the prime minister, finance minister and advisor to the 1MDB board, Shafee told the High Court that all four of the charges against him only stated that he had abused his position as a “public officer” with the three positions listed.

The charges Najib is facing for allegedly abusing his position to obtain gratification totalling RM2.27 billion in 1MDB linked funds are therefore defective and should be thrown out, Shafee said in the court on Tuesday.

Submitting on why Najib should be acquitted in the trial, Shafee told judge Datuk Collin Lawrence Sequerah that all three positions have separate functions with the 1MDB board advisor post being a non-executive role.

“They [the prosecution] threw these three positions in [the charges] like an omnibus,” he said, adding this was akin to "using a sledgehammer to kill a fly”.

The lawyer said the charges are defective also because the prosecution did not specify the 1MDB-linked companies that Najib had "specific personal interest” in.

He said that the legal provision used to charge Najib on the four counts of power abuse — Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 — required four elements of the crime to be mentioned in a charge to avoid from becoming defective, namely that the accused has to be an officer of a public body, used his office or position, for any gratification, and whether for himself, relative or associate.

Shafee said the prosecution did not mention Najib’s personal interest in the charges which made it difficult for the former prime minister to defend himself.

Shafee said there were numerous instances that the prosecution could have cited in their charges Najib's alleged interest in the decision-making power.

“They [the prosecution] have not focused on their charges against us. If they don’t focus, we don’t know how to focus our cross-examination on a specific area... Until today we still don’t know what is the interest of Najib? This is a serious prejudicial issue,” he said.

The trial continues on Wednesday, with Shafee submitting further on why Najib should be acquitted.