Judge issues warning to Najib over his Facebook postings

KUALA LUMPUR — Former Malaysian prime minister Najib Razak has been warned that he risks being in contempt of court over any further public postings of his ongoing trial involving the abuse of RM42 million (S$13.9 million) of SRC International funds.

High Court Judge Mohd Nazlan Mohd Ghazali issued the warning after Najib had resorted to Facebook postings to counter evidence given in court.

He will make a further ruling on the matter after both sides make their full submissions on Monday (July 22).

The issue was brought to Mr Nazlan's attention by Attorney General (AG) Tommy Thomas at the onset of the hearing on Thursday (July 18).

Mr Thomas complained that Najib's postings could be sub judicial to the ongoing trial as it involved, among other things, an explanation about the latter's credit card spending.

He said Najib had uploaded Facebook postings in an attempt to rebut the testimony of witnesses who revealed the credit card spending.

"The witnesses gave their testimony in court about his credit card spending. However, he comments about this on his Facebook and attempts to give an explanation there.

"We need direction on this from your lordship," Mr Thomas said.

It was reported that a witness from AmBank had testified how Najib raked up RM3.35 million bill on his credit cards after shopping at a Swiss jewellery, De Grisogono's outlet in Italy, and the Chanel store in Hawaii.

His lawyers did not cover why Najib had purchased the items during cross-examination of the witness.

However, Najib later uploaded an explanation on why he had purchased the items on his Facebook.

In highlighting this to the judge, Mr Thomas said Najib should not be treated any differently from any other accused just because he is a politician and a former prime minister.

"He cannot go around posting his version of events as the trial is ongoing. He should be ordered to issue a full and unconditional apology.

"He must also be told that this conduct cannot be repeated," he said.

However, Najib's lawyer Muhammad Shafee Abdullah countered the AG's arguments by invoking the freedom of speech card.

Arguing that his client had done nothing wrong, he blamed the media instead.

He said Najib was forced to give his side of the story on Facebook because biased reporting by the media had caused the former prime minister to be put in a bad light.

Accusing the media of cherry picking in their coverage of the trial, Mr Shafee said Najib "would never survive as a politician" if he did not counter what had been said about his credit card bills.

However, Mr Thomas later countered Mr Shafee's arguments by stating that freedom of speech was not absolute and must be balanced with judicial proceedings.

He also told the defence there was no point in criticising the media or anybody else over the predicament Najib was in.

"Right now the prosecution is establishing its case and the media is reporting it.

"You can always make your case if at all his defence is called," he said.

Najib, 66, is facing trial for abuse of SRC International funds amounting to RM42 million. NEW STRAITS TIMES