Better to err on the side of caution, say experts

PETALING JAYA: There is nothing wrong in discussing the 1Malaysia Development Bhd (1MDB) case and share opinions into the scandal but public officials, including politicians, have to be cautious when making their remarks, so say experts.

Lawyer Syahredzan Johan said public officials have to be careful when issuing statements related to the case and should not associate those implicated in the controversy as a guilty party before the case goes to trial.

“They are innocent until proven guilty. Therefore, anyone making such comments should be fair to those implicated in the investigation,” said Syahredzan.

He said those associated with the issue should be given their day in court.

Syahredzan, who has just been appointed DAP stalwart and Iskandar Puteri MP Lim Kit Siang’s political secretary, said the public discussions, opinions and views have no prejudice of a fair trial in the Malaysian court as the case is not heard by a jury system.

“Our judges base their case on evidence and documents tendered in court and not on what has been discussed outside.”

Bar Council president George Varughese said Malaysian judges are professional and cannot be swayed by the comments in print and social media.

“They will base their judgement based on the documents and evidence tendered.”

Former Court of Appeal judge Gopal Sri Ram said all the evidence in the 1MDB case could already be found in the public domain – based on the detailed US Department of Justice filings.

“Therefore, it is not wrong for it to be discussed as the facts have been presented and tendered as court documents.”

He also said Prime Minister Tun Dr Mahathir Mohamad’s statement in Tokyo on Sunday that the Government cannot rush and charge former premier Datuk Seri Najib Tun Razak is to be welcome.

He added that although it was in the public domain that a charge sheet was on file in respect to the RM42mil payment received by Najib from the former 1MDB subsidiary, SRC International, the former Attorney General (AG) Tan Sri Mohamed Apandi Ali previously declared that Najib had committed no offence.

“As such, we must give the new AG a chance to review the evidence on file as fresh statements are being recorded from Najib,” he said.

He added that there is no point in rushing into court and finding oneself unable to prove the ingredients of the offence.

“The AG has his job cut out for him. He and the deputy public prosecutor who are working on the case must be given an opportunity to marshal the facts and evidence. And if any help is needed we will give every support needed to bring the criminals to justice.”

Anyone making such comments should be fair to those implicated. Syaredzan Johan