Former Malaysian prime minister Datuk Seri Najib Razak suffered a setback in his 1Malaysia Development Berhad (1MDB) corruption trial after the High Court ruled against his request to summon two of the company’s secretaries as defence witnesses. The court deemed the move an abuse of judicial process and dismissed it as an unfounded "fishing expedition."
Presiding judge Datuk Collin Lawrence Sequerah granted 1MDB’s application to quash the subpoenas issued to company secretaries Saiful Nizam Yasin and Nor Faziana Zakaria, who Najib wanted to testify in court. The subpoenas were served in early February, but the judge found no valid reason for compelling their testimony.
Najib’s legal team had sought access to board meeting documents from 2018 to 2024 through these witnesses, intending to use them to question the credibility of prosecution witnesses and explore reasons behind 1MDB’s decision to withdraw certain lawsuits. However, the judge emphasized that the documents Najib was after were protected by legal professional privilege and litigation privilege, and therefore inadmissible.
Citing arguments made by 1MDB’s lawyer, Datuk Lim Chee Wee, the judge highlighted three core reasons for setting aside the subpoenas: the documents in question were legally privileged, they held no relevance to the charges Najib is facing, and seeking them represented an improper use of the court process.
Judge Sequerah also pointed out that the charges against Najib stem from events prior to 2018, making any 1MDB documents from subsequent years irrelevant. He stressed that Najib’s attempt to retrieve these documents extended far beyond the timeframe of the alleged offenses and was therefore not justifiable.
He also drew from an Australian apex court ruling to assert that even potentially helpful documents cannot be forcibly disclosed if they are protected by privilege. Sequerah added that 1MDB had not waived any such privileges, reinforcing the legal barrier to Najib’s request.
Addressing Najib’s claims of conflict of interest involving the late lead prosecutor Datuk Seri Gopal Sri Ram and a related 1MDB lawsuit, the judge found no merit in the allegations. He further explained that the decision to initiate or drop lawsuits falls squarely within the plaintiff’s rights and should not be subjected to judicial scrutiny in this context.
Finally, the judge underscored that Najib’s legal team had already been allowed to cross-examine prosecution witnesses. Forcing the company secretaries to testify now could hinder those witnesses from defending themselves against any new allegations.
With this ruling, the court reaffirmed its stance on safeguarding legal integrity and preventing misuse of judicial mechanisms. Najib’s trial continues, with this latest decision marking another blow to his defense strategy.
Information Source: Malay Mail
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