Najib seeks show cause against Kit Siang, two others over SRC trial article

Former prime minister Najib Abdul Razak is seeking to compel DAP advisor Lim Kit Siang, an online news portal and its reporter to show cause concerning an internet article linked to the ex-premier’s RM42 million SRC International case.

The former prime minister is seeking for the trio to show cause why they should not be held in contempt of court in relation to a Malay Mail article titled “Kit Siang: High Court decision on Najib and Tanjung Piai by election-outcome will indicate where Malaysia headed towards” uploaded on Nov 9.

This was revealed in Najib’s notice of motion and affidavit in support, filed at the Kuala Lumpur High Court Registry on Nov 11, copies of which were made available to the media recently.

According to a copy of Najib’s affidavit in support, he seeks leave from the Kuala Lumpur High Court to compel Lim, the Malay Mail and its reporter Emmanuel Santa Maria Chin, over the news portal’s article.

The applicant claimed that the article was created to exert pressure on the High Court in its decision in his RM42 million SRC International criminal case.

On Nov 11, judge Mohd Nazlan Mohd Ghazali ordered Najib to enter his defence against seven charges of abuse of power, criminal breach of trust (CBT) and money laundering in relation to RM42 million of SRC International’s funds.

In the affidavit, Najib claimed that Lim’s press release and the article appeared to threaten and have a tendency to weaken and undermine the power of the court, as well as allegedly interfering and obstructing the course of justice, among others.

“I have been advised by my solicitors and verily believed that both the said media release (by Lim) and the said Malay Mail article appeared to have contained a form of threat and intimidation to this honourable court, whereby if this honourable court finds that Najib is not guilty and decided not to call for defence, it automatically means the global kleptocracy will make a comeback in Malaysia.

“I have been advised by my solicitors and verily believed that this sort of threat and intimidation especially in an on-going proceeding, is obviously to divert the course of justice and therefore an interference in the judicial process.

“I have been advised by my solicitors and verily believed that the said media statement and the said Malay Mail article, when read as a whole, had amounted to a serious contempt of court and also an unwarranted attack on the Malaysian judiciary,” Najib said through the affidavit in support of the show cause application.

“The applicant verily states that the prayers in the motion herein are in the best interest of justice and my constitutional rights to a fair trial and equality.

“The applicant lastly states that this honourable court is sufficiently clothed with the necessary power and jurisdiction to allow the prayers in the present motion in the best interest of justice,” stated the affidavit signed by Najib.

The notice of motion was filed under Order 52 of the Rules of Court 2012, which deals with procedures needed to be done in the lead up to contempt proceedings.

The ex-parte show cause application came up for case management in the chambers of Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali this afternoon.

Under the law, ex-parte means a court procedure which is done with only one party attending the matter, as the opposing side still has no locus standi, a legal Latin maxim meaning the party still has no right or capacity to appear in court yet.

It is understood that the show cause legal process would later become inter-partes, meaning involving both parties having the right to appear in court.

Except for Emmanuel, neither Najib nor Lim were present at court.

Also seen at court were Lim’s counsel Ramkarpal Singh and the Malay Mail and its reporter’s counsel S Ambiga. However, the lawyers were not seen entering Nazlan’s chambers as the matter today is still ex parte.

When met after the case management, Najib’s lead counsel Muhammad Shafee Abdullah said the case management today was in relation to a show cause application against Lim, the Malay Mail and its reporter.

“I cannot disclose much. We appeared before the judge (Mohd Nazlan), and the judge wants the (show cause court) papers to be tweaked a little bit,” Shafee said.

When asked when is the next date for the matter before the court, Shafee said there is no date set at the moment.

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