Prosecution objects Najib’s application to inspect items seized by MACC


The prosecution has objected to an application by former Prime Minister Datuk Seri Najib Tun Razak (picture) and his family to carry out physical examination of items allegedly linked to 1Malaysia Development Berhad (1MDB) that were seized by the Malaysian Anti-Corruption Commission (MACC) on safety factor.

Deputy public prosecutor Fatnin Yusof said all the confiscated items were placed in a secret vault at Bank Negara Malaysia (BNM), which is only accessible to certain bank officers.

Referring to a supporting affidavit by investigating officer Supt Foo Wei Min, she said, no inspection should be allowed to preserve the confidentiality and security of the vault.

“If the If the inspection is allowed, it should be done at another location and since most of the seized items are of high value, the transfer can result in the value to drop.

“Furthermore, there is no specific law on the matter (application to conduct physical inspection) and since this is a test case, we do not want it to be a precedent for AMLA (Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001,” she added.

As an alternative, Fatnin said the prosecution is prepared to provide a clearer picture and video footage of every items each item to Najib, his wife Datin Seri Rosmah Mansor and their daughter, Nooryana Najwa Mohd Najib.

Najib’s lawyer Tan Sri Muhammad Shafee Abdullah submitted that it was critical for his client and family members to inspect the properties seized by the MACC to identify whether they were received it as a gift or acquired by their own self.

“Physical security is a must as police did not provide a search list after the valuables were seized. We have the right for a fair trial,” he said.

Lawyer Iskandar Shah Ibrahim, representing Rosmah and Nooryana Najwa, concurred with Muhammad Shafee on the matter.

Judge Mohamed Zaini Mazlan then set Feb 3 for decision.

On July 18, Najib, 66, had filed a notice of motion to inspect and obtain particulars on the said assets.

In the notice of motion, Najib is seeking for the respondent to provide or supply colour pictures of the items, as well as their detailed descriptions, such as the label, symbol, gift card, package and box of the movable properties that were seized on May 17 last year.

The former premier had filed the application on the grounds that parts of the boxes, handbags and containers that were seized had been removed from its original wrappings, and this has caused confusion in their identification process.

Rosmah, 69, and Nooryana Najwa, 32, meanwhile, filed an application for leave to be allowed to physically inspect the items.

Among the items mentioned in both the notices are 315 handbags of various brands, 14 watches and 27 pairs of shoes of various brands, as well as cash in various currencies, including RM537,000, Pound Sterling 2,700, Sri Lanka Rupee 2,870,000, RM187,750 in old Ringgit Malaysia notes and 320,500 Pound Sterling.