KUALA LUMPUR (THE STAR/ASIA NEWS NETWORK) - The strict standard operating procedures adapted for open court hearings in Malaysia due to Covid-19 have upset both the prosecution and defence in the trial of former premier Najib Razak.
The presiding judge in the 1Malaysia Development Berhad (1MDB) case has refused to relax the physical distancing rules that meant fewer lawyers were allowed into the courtroom for both sides.
Najib's lawyer, Tan Sri Muhammad Shafee Abdullah, said he could not function as counsel to the former prime minister under the current circumstances, saying he has been asking the court since Tuesday (May 19), when the trial resumed, to allow more lawyers on his team to be present.
Justice Collin Lawrence Sequerah said he was not following the government-imposed standard operating procedures (SOPs) for the sake of being difficult, but to ensure the safety of those present.
"I'm not coming from that angle (of being difficult). I am adhering to the SOP because it helps with safety and human life is paramount," the judge said on Wednesday.
Mr Shafee said the fair process of the trial and the safety of human life could be achieved by simply not proceeding with the trial.
"I cannot function like this," he added.
On Tuesday, the lawyer had made the request to allow more of his team members to be present.
Najib's defence team has as many as 11 lawyers at a time, and Mr Shafee said they were needed to cross-check the huge volume of documents, as well as do recording and take down notes of the hearing.
Justice Sequerah then sarcastically suggested that the hearing should instead be moved to the Selayang wholesale market, where some 200 confirmed Covid-19 cases had been detected among the workers.
"Wouldn't it be better if we conduct the trial at Pasar Borong (wholesale market) Selayang instead? How many lawyers do you need in court?" he said.
The prosecution also faced a similar predicament when government lead prosecutor Gopal Sri Ram's request to have Deputy Public Prosecutor Ahmad Akram Gharib sit next to him was denied by the court.
DPP Akram was sitting at a separate table behind Datuk Seri Sri Ram and the latter had asked for DPP Akram to be allowed to move next to him for them to communicate better.
The proceedings were adjourned for a short break, with both Mr Sri Ram and Mr Shafee meeting the judge in his chambers.
The court allowed both sides to have one lawyer sitting next to each of them to assist, but the limited number of lawyers allowed in the courtroom remains.
Najib is facing four charges of abusing his position to obtain gratification totalling RM2.28 billion (S$742 million) in 1MDB funds and 21 counts of money laundering involving the same money.
