Deputy public prosecutor Fatnin Yusof said the application, if allowed, would open the floodgates in future forfeiture applications.
“This is a test case (by the applicants) as the seizure was made under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act,” Fatnin submitted before judge Mohd Zaini Mazlan.
Fatnin said in the past, there had never been any applications by interested parties to physically inspect cash and valuables.
“We are prepared to give them video recordings and photographs of the seized items,” she said.
Investigating officer Foo Wei Min, who has affirmed an affidavit on Aug 15, said a physical inspection was not required and not practical.
In the sworn document, the police officer said the valuables were kept in a vault at a secret location in Bank Negara Malaysia (BNM) and could only be accessed by authorised bank officers.
“Due to the confidentiality and security status of the vault, any inspection must not be allowed,” Foo said, adding that BNM was unlikely to allow any attempt to inspect the items kept in the vault.
He added that if the items were to be inspected elsewhere, it would result in a logistics problem.
After Fatnin had submitted, Zaini remarked that should he allow the application, the physical examination could be conducted in the presence of the police.
“Anyway those who will be inspecting the items are not terrorists,” he said.
Fatnin also said that the inspection could lead to a depreciation in the value of the items as they needed delicate handling and care.
To this, the judge said the applicants could be present but the inspection could be recorded.
Najib’s lawyer Muhammad Shafee Abdullah said the physical inspection was important for his client to verify the items.
“A closer scrutiny of the items will show from whom the gifts came from,” he said, adding that the parties could sit and take notes as the valuables were produced.
Shafee said the inspection is a must as the police did not provide a search list after the valuables were seized and the application must be allowed in the interest of justice.
Lawyers Iskandar Shah Ibrahim, Azamuddin Abd Aziz and Hasmadi Hussin who are appearing for Najib’s wife Rosmah Mansor and their daughter Nooryana Najwa Najib adopted Shafee’s submission.
Zaini will deliver his ruling on Feb 3.
“I have spoken based on common sense but my decision must be guided by law,” he added.
In their applications, Najib, Rosmah and Nooryana are asking to physically inspect the items seized by the police as the photographs provided to them earlier by the prosecution are “not clear”.
On Oct 14, the prosecution agreed to provide colour pictures of the seized items, as well as their detailed descriptions – such as the product labels, logos, gift cards and packaging. The items were seized on May 17, 2018.
Among the items are 315 handbags of various luxury brands, 14 watches and 27 pairs of shoes of various brands, as well as cash in various currencies, including RM537,000, £2,700, 2,870,000 Sri Lanka rupees, RM187,750 in old notes and £320,500.