1MDB trial judge says can’t tell media how to report, but suggests including Najib’s lawyers’ objections to witness’s court testimony

KUALA LUMPUR, Jan 24 — The media cannot be directed on how they should report former prime minister Datuk Seri Najib Razak’s 1Malaysia Development Berhad (1MDB) trial, but could include objections raised by his lawyers to court testimony by prosecution witnesses, the trial judge said today.

Judge Datuk Collin Lawrence Sequerah said it would help put things in perspective if news reports included objections raised by lawyers.

“I obviously cannot direct, tell the reporters in what manner they ought to report. That is their prerogative.

“But what I can say, the statement I can make is, to put things in perspective as to what transpired in court, perhaps the reporting ought to have stated — to place things in proper perspective — these things were stated, but objection was taken on grounds of hearsay. I think that will perhaps assuage your concerns,” the judge said when referring to concerns raised by Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah.

The judge said this is because he has yet to decide on whether certain matters — which were objected to by Najib’s lawyers such as in the 49th prosecution witness Malaysian Anti-Corruption Commission (MACC) Senior Superintendent Nur Aida Arifin — are true or not.

“Because with objection being taken, obviously veracity has yet to be established, it is not confirmed yet, and in any event, that is a determination for me to make at the end of it. If the fact that objections are recorded, at least that will place things in perspective and allay any concerns you have,” the judge told Shafee.

“So perhaps reporters listening or watching live can perhaps give some consideration to what I have said, so this thing need not arise again, put things in perspective. As simple as saying this is what the witness said, but on the other hand, there was objection taken by defence on whatever grounds,” the judge said.

“Yes, whatever I said applies across the board, whether defence or prosecution, it has to operate in fairness for both sides,” the judge said when asked by deputy public prosecutor Ahmad Akram Gharib if his remark includes situations when prosecution witnesses are being cross-examined by Najib’s lawyers.

Before the 1MDB trial proceedings could continue this afternoon, Shafee complained about a news report online — regarding his client — that was based on this morning’s trial proceedings.

Shafee had singled out the news report titled “Najib denied 1MDB CEO access to US$3bil in funds, court told”, which he described as allegedly having “totally unfair” reporting.

Shafee said the news report was unfair as it did not include mention of Najib’s lawyers’ objection to the testimony by the 49th prosecution witness Nur Aida which was being reported on.

Shafee said he was reporting this news report to the 1MDB trial judge “because there are various ways to deal with this”.

Shafee said one of the ways to handle the matter is for him to initiate an action of contempt of court “which becomes quite debatable”, and proposed another option of the judge issuing some kind of “gag order”.

While saying that he knew the 1MDB trial judge would favour freedom of information and reporting, Shafee said a gag order would not be unusual and that reporters who are not impartial in their reporting cannot be allowed to continue reporting in such a manner.

He also suggested that perhaps the judge could make a statement to all reporters to say that reporting has to be fair.

After Shafee’s complaint, the judge then remarked on including objections by lawyers in news reports on the 1MDB trial.

While Shafee had complained about one news report today, news outlets in Malaysia however regularly include mention of objections raised by Najib’s lawyers in news reports on the 1MDB trial.

Malay Mail had earlier today reported on Nur Aida’s testimony in the 1MDB trial proceedings and had included mention of objections raised by Najib’s lawyer Tania Scivetti.

Najib’s 1MDB trial resumes this Friday, with Nur Aida expected to continue testifying.