KUALA LUMPUR: The prosecution failed to clarify Datuk Seri Najib Razak's alleged personal interest in his official decisions and actions related to 1Malaysia Development Bhd (1MDB), the High Court heard today.
Lawyer Tan Sri Muhammad Shafee Abdullah who appeared for the former prime minister said this in his argument on why his client must be acquitted in four power abuse charges involving the sovereign wealth fund today.
The senior lawyer said the four charges failed to specify the exact attending interests behind the accused's (Najib) decisions.
"They merely mentioned that the accused had a direct interest and left it at all.
"The actual 'direct interest' underlying those decisions has been left for this court and the accused to wonder about.
"The prosecution, despite alluding to the existence of 'direct interest' in Najib's decision in all the four charges, has failed to specify where the purported direct interest lies," he said in his submissions before trial judge Datuk Collin Lawrence Sequerah.
He said that if this omission had occurred in a case involving only one alleged infraction, it might not have been a significant issue.
However, Shafee said that in this case, where three different positions were accused of being misused at the same time and for several issues, the situation became much more complicated.
"If the prosecution does not specifically state the interest that my client has in the charges, how are we supposed to address the allegations and cross-examine the witnesses from the very beginning?
"The prosecution did not focus their 'attack' on the accused, so how can we focus on our defence?" he said.
Shafee also stressed that the power abuse charge was defective as it was poorly drafted and implied that his client had committed the crime at AmBank building.
Najib, 71, is facing four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount.
For the 21 charges of money laundering, the former Pekan member of parliament is accused of committing the offences between March 22, 2013, and Aug 30, 2013.
Hearing continues tomorrow.