KUALA LUMPUR: There was tension on the fourth day of former Prime Minister Datuk Seri Najib Tun Razak’s trial, involving abuse of SRC International Sdn Bhd funds, when the defence disputed the prosecution’s re-examination methods.
During re-examination of the second prosecution witness, Bank Negara Malaysia (BNM) manager Azizul Adzani Abdul Ghafar, lawyer Harvinderjit Singh said the the prosecution should only question matters raised during cross-examination.
“This is a re-examination…perhaps my learned friend should refer to the questions and answers,” he said.
The prosecution, led by Attorney-General Tommy Thomas, stood up to say that each had his own style of examination-in-chief, cross-examination or re-examination.
“We do not need the defence lecturing us. We don’t need the defence’s lawyer to suggest methods of re-examination.
“We listened to five hours of cross-examination. We gave him (Harvinderjit) leeway…can there be some leeway (for the prosecution)?
“The style of examination differs for each lawyer. I have been doing trials for 42 years,” he said.
Harvinderjit: I’m not suggesting any particular examination style to the public prosecutor. The way the DPP (deputy public prosecutor in the prosecution team) is asking questions is like putting words in the witness’ mouth.
Harvinder added that it wasn’t about experience, but according to Section 138, Sub-section 3 of the Evidence Act 1950, the re-examination should be directed to the explanation of matters referring to the cross-examination.
“This is not a matter of time, my Lord. There must be context, whether questions are specific,” he said.
After hearing both parties’ arguments, Judge Mohd Nazlan Mohd Ghazali said “just mention the points that you want to re-examine”.
Najib, 66, is facing three counts of criminal breach of trust, one charge of abusing his position and three counts of money laundering over SRC International Sdn Bhd funds amounting to RM42 million.
The proceedings before Judge Mohd Nazlan is still in progress.