Lawyer Shafee Abdullah said the legality of the recording was questionable, as no one knew if it was recorded properly under the law.

“The recording is also an infringement to the accused’s (Najib) right to privacy,” he said.

In January 2020, then Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya disclosed nine audio recordings at a press conference, purportedly linked to SRC International and 1MDB.

The recordings allegedly featured Najib, his wife Rosmah Mansor, former deputy public prosecutor Dzulkifli Ahmad and several well-known individuals.

The prosecution wants to admit the recording between Najib and the UAE leader to rebut the former prime minister’s defence that the monies which went into his personal bank accounts were donations.

Shafee said although several provisions under the MACC Act allowed the authorities to admit documents or materials they obtained in any proceedings, the provisions in question were unconstitutional.

He pointed out that the MACC Act was passed as an ordinary law and not an emergency law, which can give the authorities wide-ranging powers.

Najib is standing trial on 25 counts of money laundering and abuse of power over the alleged misuse of 1MDB funds amounting to RM2.28 billion deposited into his AmBank accounts between February 2011 and December 2014.

The Edge Media Group chairman Tong Kooi Ong is continuing his testimony in the hearing before Justice Collin Lawrence Sequerah.