KUALA LUMPUR (BERNAMA) – The prosecution has objected to an application by former Malaysian Prime Minister Datuk Seri Najib Tun Razak 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 Superintendent Foo Wei Min, she said, no inspection should be allowed to preserve the confidentiality and security of the vault.
“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, represen-ting Rosmah and Nooryana Najwa, concurred with Muhammad Shafee on the matter.
Judge Mohamed Zaini Mazlan then set February 3 for decision.