Malaysia
Najib still recuperating from last week’s eye surgery, 1MDB trial postponed today too
Datuk Seri Najib Razak arrives at the Court of Appeal in Putrajaya May 18, 2021. u00e2u20acu201d Picture by Shafwan Zaidon

KUALA LUMPUR, May 25 — Datuk Seri Najib Razak’s trial over more than RM2 billion of 1Malaysia Development Berhad (1MDB) funds has been postponed again today, as he has been advised to rest following his eye surgery last week.

Najib’s lawyer Tan Sri Muhammad Shafee Abdullah informed the High Court of his client’s condition as of this morning, indicating that his client was advised to rest in line with his seven-day sick leave given after the surgery on May 20 (last Thursday).

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"The swelling has reduced, the puffing and redness is still as intense. He has consulted the doctor and the doctor told him to at least take a rest in accordance with the leave. He’s to see the doctor, even though tomorrow is a holiday, he’s got to see the doctor.

"But I think by Thursday, there is an excellent chance that he can continue,” Shafee said.

High Court judge Collin Lawrence Sequerah then said: "I suppose we have to vacate today’s hearing and resume on Thursday.”

Najib’s 1MDB trial was scheduled to be heard yesterday, today and on Thursday this week, as Wednesday is a public holiday.

The 1MDB trial was also postponed yesterday, as Shafee informed that Najib’s had developed hematoma after his eye surgery last Thursday and was still recovering while on a seven-day medical leave from the May 20 surgery.

The judge had yesterday agreed to give Najib the day off for him to rest and had asked both Najib’s legal team and the prosecution to come today to enable the 1MDB trial to proceed if Najib was well enough.

While his lawyers and his aides were seen in the courtroom, Najib himself did not come to the Kuala Lumpur court complex yesterday and today.

Trial dates for Najib’s 1MDB case — involving four counts of power abuse and 21 counts of money laundering charges in relation to more than RM2 billion of 1MDB funds — have previously been set in all of the remaining months this year (June to December).

Najib’s 1MDB trial began on August 28, 2019 and had proceeded with hearing for around 70 days so far, with the current prosecution witness Mohd Hazem Abd Rahman in the trial being the 10th prosecution witness. 

This is not the first time that Najib’s trials had to be postponed due to his eye problems.

Previously in August 2019, Najib’s trial involving SRC International Sdn Bhd’s RM42 million funds was postponed as he had an eye infection.

Najib’s 1MDB trial was previously postponed on September 11, 2019 due to his eye condition, and was also postponed on October 31, 2019 due to his swollen eyes.

In 2020, events linked to the Covid-19 pandemic including the movement control order (MCO), Covid-19 concerns and quarantine had caused disruption to the trial, apart from other reasons such as Najib having to attend Dewan Rakyat sittings or attend other trials due to the need to ensure a fair trial.

Today which is also when tighter restrictions for the new movement control order (MCO 3.0) are being imposed nationwide, Sequerah also said stricter standard operating procedures would have to be practised for the 1MDB trial.

"The implementation of this new MCO and also with the rising number of Covid-19 cases, we need to revert to certain SOPs. I’m sure you can appreciate it’s not designed to make life deliberately difficult but it’s to protect everyone, all of you, all and myself, the staff included,” the judge said, before suggesting that the number of lawyers present physically in the courtroom be reduced to six lawyers each for both the prosecution and Najib’s defence team.

The judge also said each table should have one lawyer seated only with exceptions only for the lead counsel with an assisting lawyer seated apart at the same table if necessary or requested, which means there would typically be three lawyers at the front and three lawyers seated at the public gallery for each side.

In speaking of safety as the paramount consideration and the need to minimise the Covid-19 risk by reducing the numbers of lawyers in the courtroom, the judge thanked lawyers for their cooperation, further saying: "I’m also taking steps to have the window and doors open at all times and we stick to 90 minutes, stop, have it sanitised, resume and finish at 3.30pm. That is what I need to do to minimise the risk.”

The judge was referring to the ongoing practise of having court hearings for 90 minutes before breaking briefly for sanitisation works and having proceedings end at 3.30pm daily in line with court SOPs as precautionary measures. Even last week, the judge had also instructed the doors and window of the air-conditioned courtroom to be kept open during court hearings for better circulation of air in light of the Covid-19 pandemic.

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