Najib “called to defend” himself – what does this mean?
Datuk Seri Najib Razak (“Najib”), Malaysia’s former Prime Minister, was ordered by the High Court to enter his defence in respect of 4 charges of abuse of power and 21 money-laundering charges (“25 Charges”). Najib is no stranger to the criminal justice system and is currently serving his prison sentence after having been found guilty in a separate case for 7 offences relating to abuse of power, criminal breach of trust and money laundering.
What does it mean when Najib was ordered to “enter his defence”? Did Najib lose the case? Or will the fight go on?
To understand this, we can consider there being 2 main parts to a criminal case.
The first part is called the prosecution’s case, where the Public Prosecutor presents its evidence against the accused person. This might include the evidence gathered by the police or other authorities, calling investigating officers and relevant witnesses.
The second part is called the defence case, where the accused person presents their evidence. This might include the accused person themselves becoming a witness or calling other witnesses to support the defence.
Once the Public Prosecutor has presented its case in the first part, the Court will ask itself “Is it safe to convict the accused person?”
In answering this question, the prosecution’s case will be scrutinized, with the benefit of the doubt in favour of the accused person. The Public Prosecutor carries a heavy burden in this regard.
If the prosecution’s case was weak or doubtful, the answer is “no.” It would be impossible to find the accused person guilty of the crime and he/she would be allowed to walk free immediately. This is a classic application of “innocent until proven guilty.”
Only if the prosecution has succeeded to prove all the elements of the crime, the answer is “yes.” This means that the Court must have reliable evidence that the accused person is guilty. Next, the Court will hear the defence case. This is what the term “enter his defence” means.
So, when Najib was ordered to “enter his defence,” it is not a confirmation that Najib is guilty of the 25 Charges. Instead, it means that the prosecution has proven all the elements of the 25 Charges. Now, it is up to Najib to present his defence.
In short, the fight has just crossed the half-way point.
The question of whether Najib is guilty or innocent of these 25 Charges will only be answered after Najib’s defence has been heard, when the final decision is given.
Aside from presenting his defence, Najib also has the option to plead guilty to the 25 Charges but has not done so yet. Sometimes, accused persons plead guilty when they feel a sense of remorse and desire to rectify their mistakes after accepting that he/she has committed crimes. Until then, Najib’s unapologetic stand is that he is innocent.
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
Disclaimer: This post is not intended as a solicitation, is not legal advice, and is not a substitute for obtaining legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
