Former Prime Minister Datuk Seri Najib Tun Razak and his family can carry out physical examination of items allegedly linked to 1Malaysia Development Berhad (1MDB) that were seized by the Malaysian Anti-Corruption Commission (MACC).
This followed the decision made by High Court judge Mohamed Zaini Mazlan today who ordered the prosecution to allow Najib and his family to physically inspect the items.
In his judgment, Justice Mohamed Zaini said Najib, his wife Datin Seri Rosmah Mansor and their daughter, Nooryana Najwa should be given the opportunity to inspect the confiscated items.
“I am of the view that the applicants should be given the opportunity to inspect the goods seized.
“My primary consideration is to enable the applicants the opportunity to ventilate their defence in respect of the respondents’ forfeiture application and this can only be done if they are given the right to inspect the goods seized.
“I am unable to fathom as to how the removal of these goods can result in their deterioration.
“Whether the defence is meritorious will be addressed when deciding on the forfeiture application,” the judge said.
Zaini had also in his judgement said the prosecution’s concern over security could easily be allayed by ensuring the inspection be done in a premise controlled by them (prosecution) with the necessary security measures.
The judge had also set specific conditions to his order on the inspection:
The inspection must be conducted in a premise designated by the respondent
Only the applicants are allowed to inspect the items under supervision of the respondent’s personnel
A solicitor is allowed to accompany each of the applicants during the inspection
The inspection is to be done only once and that it be done within two weeks from today (Monday)
The applicants can file their affidavits in respect of the forfeiture proceedings if they wish to do so by March 2
Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah, while Rosmah and Nooryana Najwa was represented by counsel Iskandar Shah Ibrahim, Azamuddin Abd Aziz, Azrul Zulkifli Stork and Asmadi Hussin.
Deputy public prosecutors Fatnin Yusof and Harris Ong Mohd Jeffery Ong appeared for the respondent.