PUTRAJAYA (Jan 9): Former prime minister Datuk Seri Najib Razak has denied that his defence team's recent challenge of the charges against him was a last-minute attempt to mount a technical challenge, in the face of overwhelming evidence, to have the charges dismissed.
Deputy public prosecutor (DPP) Ahmad Akram Gharib suggested during cross-examination on Thursday that the defence only raised this issue at the end of the trial as an afterthought, knowing full well that the evidence against Najib was "so overwhelming".
Akram: "I put it to you that raising [the matter] of you not understanding the charges [...] is merely an attempt to mount a technical challenge at the 11th hour, because you know for a fact the evidence against you is so overwhelming."
Najib: "I disagree."
Akram claimed that the defence only brought up this issue while Malaysian Anti-Corruption Commission (MACC) investigation officer Nur Aida Arifin took the stand as the prosecution's 49th witness.
However, lead defence counsel Tan Sri Muhammad Shafee Abdullah countered that the defence had raised this issue since the onset of the case seven years ago, and could not possibly ask other witnesses about the nature of the charges.
"[The issue of] duplicity, from the beginning we said, we will take this matter up later. [We gave the prosecution an] opportunity to relook at the charges, [but they did not]," Shafee said.
At the close of the prosecution's case last year, the defence had raised several issues with the four abuse of power charges levelled against Najib, including that the charges overlapped, were not specific enough, and presented difficulties in mounting a proper defence.
In his decision ordering Najib to enter his defence, presiding judge Datuk Collin Lawrence Sequerah ruled that the charges were not defective or bad in law.
During Thursday's proceedings, Akram highlighted that Najib was given the opportunity to percolate over the charges, which reflected that the ex-PM had no issues understanding the charges.
The DPP pointed out that Najib was first charged in the Sessions Court, where the charges were read to him in Bahasa Melayu. The case was then transferred to the High Court, where the charges were once again read to him.
Akram said that a plea was recorded where Najib claimed trial, to which Najib replied that he only understood the charges generally.
Najib also maintained that the prevailing controversy in 2018 over the RM2.6 billion purported donation he received from the Middle East and the 1MDB scandal were two distinct issues.
Akram: At the time of your charging, the issue about you receiving RM2.6 billion in your accounts was widely talked about.
Najib: Yes, but [it had] nothing to do with 1MDB.
However, Najib admitted that the two issues were part of the reason why the Barisan Nasional government he led fell in the 2018 general election.