Najib, Rosmah move to set aside subpoena

Teoh El Sen | September 21, 2011

PM engages senior criminal lawyer from Johor Baru to file application to strike out subpoena compelling him to testify in the Anwar's sodomy trial.

KUALA LUMPUR: Prime Minister Najib Tun Razak and wife Rosmah Mansor have filed an application to set aside a subpoena compelling the couple to testify in the Anwar Ibrahim Sodomy
II trial.

The move, however, drew flak from Anwar, who described it as uncool.

The application was filed at 3.30pm by four lawyers representing the couple, Salehuddin Saidin, M M Athimulan, Hisyam Teh Poh Teik and Ghazi Ishak.

“We have filed the application with the High Court earlier and we’re waiting for a sealed copy. The judge will decide on a date of hearing tomorrow,” Salehuddin told reporters.

Commenting on the matter, Anwar criticised Najib for refusing to appear as a witness despite complainant Mohd Saiful Bukhari Azlan having previously testified that he met Najib prior to the alleged sodomy in 2008.

“Why hide from the court? He said he’s not scared of Anwar and that he’s ready to appear if subpoenaed. That’s not cool,” said the opposition leader.

Anwar’s lead defence counsel Karpal Singh told FMT earlier that he was informed about the application by lead prosecutor, Solicitor-General II Mohd Yusof Zainal Abiden.

“The supporting affidavit on the ground why Najib does not want to testify in the trial, will be served to us as soon they make that application,” he said, adding that the defence would be filing an
affidavit-in-reply accordingly.

Karpal said it would be a separate court proceeding in the High Court to hear Najib’s application.

A senior police officer confirmed that the subpoenas were served on Najib earlier this week after the defence indicated to the prosecution that they intended to have the prime minister as a witness.

However, Najib’s lawyers said they only received the subpoena yesterday.

It is understood that Najib needed to engage lawyers, as opposed to having the Attorney-General’s Chambers represent him, as he was being called in his personal capacity.

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