“We will challenge the legality, duplicity and multiplicity of the charges,” lead defence counsel Shafee Abdullah told trial judge Collin Lawrence Sequerah.
The lawyer said this after Sequerah disallowed several questions that Shafee sought to ask the Malaysian Anti-Corruption Commission (MACC) investigating officer Nur Aida Arifin during cross-examination.
The judge made the ruling after deputy public prosecutor Ahmad Akram Gharib objected to the line of questioning on grounds that it was legal in nature.
The objection was raised after lawyer Wan Azwan Aiman Wan Fakhruddin questioned Aida on the four abuse of power charges faced by the former prime minister involving RM60.6 million.
Najib, who was also finance minister and chairman of the 1MDB board of advisers at the time, is alleged to have used his position to obtain gratification for himself between 2009 and 2011.
Akram, who leads the prosecution team, objected on grounds that Najib’s actions raised a presumption under Section 23(2) of the MACC Act 2009.
That section provides that an officer of a public body shall be presumed, until the contrary is proved, to have used his position for any gratification when he makes a decision, or takes any action, in relation to a matter in which he has a direct or indirect interest.
“This is a legal issue and the questions posed to the investigating officer are misplaced and should be raised during submission and not in cross-examination,” said Akram.
Sequerah told Shafee to raise his point during submissions.
“The determination as to whether (the charges have) been proven, as has been said time and again, is my call,” he said.
Shafee responded by saying that the defence did not want to be accused of not raising the point at trial.
The matter will form a major part of the defence’s submissions, he said.
Najib is facing 25 charges for abuse of power and money laundering over alleged 1MDB funds of RM2.28 billion deposited into his AmBank accounts between February 2011 and December 2014.
The trial before Sequerah continues.