Najib’s counsel Muhammad Shafee Abdullah said any statement made on the merits of his client’s criminal case by the media or public, could be subjudice to Najib.
Shafee said the courts must protect the integrity of the judicial process in the country.
“The court must not allow the public to take over the court’s function,” he said.
Shafee submitted Najib’s appeal against the High Court’s decision on Aug 10, 2018, where his application for a gag order on the same case was dismissed.
“The court should issue the directives since the attorney-general had said no one could force him to do it (issue an advisory),” Shafee submitted before the Court of Appeal’s three-member panel.
Co-counsel Harvinderjit Singh cited a precedent case where a British court issued an outline for the media in the form of an advisory note.
He said no publication should assert or assume the guilt of a person involved in the case.
Attorney-General Tommy Thomas countered saying that Najib’s appeal was doomed to fail because the High Court did not make any error of facts and law.
He said one must read the High Court’s judgment as a whole and should not pick and choose certain paragraphs.
On July 4, 2018, the 66-year old Pekan MP was charged with three counts of criminal breach of trust and one charge of abusing his position over SRC International funds amounting to RM42 million.
A month later, Najib was charged with three counts of money laundering involving the same amount of money.
The panel, comprising Justices Zabariah Mohd Yusof, Rhodzariah Bujang and Lau Bee Lan, earlier today heard Najib’s appeal against the High Court’s dismissal of his challenge to the appointment of Sulaiman Abdullah as the lead prosecutor and his appeal for the discovery of documents and statements.
The court will resume tomorrow to hear the prosecution’s submission with regard to Najib’s appeal for discovery of documents.
Najib’s appeal against the High Court decision on Feb 7, this year to allow the prosecution to withdraw the certificate to transfer his case from the Sessions Court to the High Court, would also be heard tomorrow.