Prosecution files bid to compel Najib to apologise over Facebook posts

NAJIB TRIAL | Prosecutors today filed an application to compel Najib Abdul Razak to apologise to the Kuala Lumpur High Court over two Facebook posts alleged to be sub judice.

This was confirmed by deputy public prosecutor Muhammad Izzat Fauzan, who filed the application at the Kuala Lumpur High Court Registry this morning.

According to the application notice, prosecutors are also seeking a court order prohibiting the former premier from further publishing similar statements, and compelling him to remove the two posts.

The posts were uploaded on July 15 and 17 this year.

They address the testimony of 47th prosecution witness Yeoh Eng Leong (photo) in Najib's trial involving the misappropriation of RM42 million from SRC International Sdn Bhd.

The former AmBank Group senior vice-president's testimony touched on the more than RM3 million allegedly spent using two credit cards linked to Najib.

'Intent to influence court decision'

According to a copy of a supporting affidavit signed by Izzat, Najib's two Facebook posts, when read as a whole, are clear attempts to state his defence through social media and commentary on Yeoh's testimony.

"This is clearly sub judice and was done with intent to colour the evidence before this honourable court and intended to garner support from the mass public to provide pressure and influence the decision of this honourable court.

"Such an act is clearly improper and is tantamount to interference with the due administration of justice and the legal process," the affidavit read.

The prosecution claimed that the two posts amounted to comments and disclosures on judicial proceedings that prejudge and prejudice the evidence given by Yeoh.

"It is not in the public interest to allow or permit such prejudicial publications that reflect on, adversely or otherwise, the evidence which is pending judicial determination of this honourable court," it added.

On July 18, it was reported that justice Mohd Nazlan Mohd Ghazali issued a reminder to Najib to refrain from uploading any more online posts that may constitute contempt of court.

In the first Facebook post uploaded on July 15, Najib defended the RM3.36 million charged to his credit cards in 2014, saying that it was used to purchase “gifts” for the royalty of another country.