The Kuala Lumpur High Court today has fixed Dec 13 to hear former prime minister Najib Abdul Razak's application to obtain and inspect documents surrendered by Xavier Andre Justo to the Malaysian Anti-Corruption Commission (MACC) as part of the 1Malaysia Development Bhd (1MDB) investigations.
The application was made in relation to the corruption trial faced by Najib involving RM2.3 billion of 1MDB funds and 21 charges of money laundering involving the same amount.
In the application, Najib sought for a court order to compel the prosecution or any other entities that have the custody, care and control of documents that Justo surrendered to the MACC in relation to 1MDB's joint venture with PetroSaudi International Ltd, either in its physical form or as retrieved from a digital storage device, for his inspection.
Judge Collin Lawrence Sequerah set the date during case management today in the presence of Najib's counsel Muhammad Shafee Abdullah and Deputy Public Prosecutor Mohamad Mustafa P Kunyalam.
The judge also ordered all parties to file their submissions before or by Nov 30.
Earlier, Muhammad Shafee said he received the affidavit pertaining to the application by the prosecution yesterday and will reply to that affidavit by next Tuesday.
"The prosecution's affidavit was affirmed by MACC Deputy Chief Commissioner (Operation) Azam Baki," he said.
Meanwhile, Mohamad Mustafa told the media that in the affidavit, Azam stated that the documents were received in official confidence and protected under Section 124 of Evidence Act.
Another one of Najib's lawyers, Al Firdaus Shahrul Naing said Justo, during the material time, was apparently a director of PetroSaudi International Ltd and he has access to these documents.
Najib, 66, as applicant filed the notice of motion last Oct 16 naming the public prosecutor as respondent.
In the application, Najib among others sought the court to compel the prosecution or any other entities having the custody and control of these documents to produce and provide to him.
Najib filed the application on the grounds that the documents sought are relevant and could consist to the defence of the applicant, which have been omitted or suppressed from production contrary to Section 51A of the Criminal Procedure Code.
He said the inspection or production of the documents will not be contrary to public interest, rather the non-disclosure and denial for inspection breaches the applicant's right to a fair trial.