Prosecution objects to Najib, family examining items seized by police

KUALA LUMPUR: The prosecution is opposing an application by Datuk Seri Najib Razak and his family for permission to physically inspect items allegedly purchased using funds siphoned from 1Malaysia Development Bhd (1MDB) which were seized from them shortly after the 14th General Election (GE14) .

The application filed by the former prime minister, his wife Datin Seri Rosmah Mansor and their daughter Nooryana Najwa was made in relation to a forfeiture suit filed by the Attorney-General’s Chambers (AGC) over hundreds of items seized from three premises linked to the family.

Deputy public prosecutor Fatnin Yusof argued that the application should not be allowed on security grounds.

She said the valuables which include branded watches, handbags and cash are kept in a safe in Bank Negara Malaysia (BNM) and to conduct inspection at the central bank was impossible due to security reasons.

“The vault is located at a secret location which can only be accessed by the bank’s authorised officers. The bank might not grant permission (for the inspection) because it might affect the security and secrecy of the vault.

“Since there are many items, many individuals would have access to them, so it could affect security,” she said.

Fatnin also submitted that the items, mostly high valued, might suffer depreciation if they are taken out from the vault and brought to another location as they require delicate handling and care.

She said if the application was allowed it would open a flood gate in forfeiture applications.

“This is a test case. We do not want this to be put as an example for similar applications involving Anti-Money Laundering Act (Amla) cases as there are no previous cases where physical inspection of the items has been allowed,” she said.

Fatnin suggested an alternative way of inspection which was by providing a video recording to help the applicants verify the items.

Meawhile, Najib’s lawyer Tan Sri Muhammad Shafee Abdullah argued that it was crucial for his client and family members to identify the exhibits and determine whether they acquired it themselves or they had received them as gifts.

“Physical inspection is a must as police did not provide a search list after the valuables were seized.

"This is to allow them (applicants) to verify whether the items were in fact a gift from maybe King Abdullah of Saudi Arabia, Qatar, or a businessman from Kuala Lumpur" he said.

Counsel Iskandar Shah Ibrahim who appeared for Rosmah and Nooryana adopted Shafee's submissions.

Judge Mohamed Zaini Mazlan will deliver his judgment on Monday.

Najib, 67, Rosmah, 69, and their daughter Nooryana, 32, are applying to be allowed to physically inspect the items seized by police, as the pictures of the items provided by the prosecution were “not clear”.

In a notice of motion, Najib is seeking for the prosecution to provide or supply colour pictures of the items, as well as their detailed descriptions, such as the label, symbol, gift card, package and box of the movable properties that were seized on May 17, 2018.

He had filed the application on the grounds that parts of the boxes, handbags and containers that were seized had been removed from their original wrappings, and this had caused confusion in the identification process.

Among the items mentioned in the notice are 315 handbags of various luxury brands, 14 watches and 27 pairs of shoes of various brands, as well as cash in various currencies, including RM537,000, £2,700, 2,870,000 Sri Lanka rupees, and RM187,750 and £320,500 in old notes.