The defence based their argument on the grounds that the charges are defective and constitute an abuse of the court process.
Justice Nazlan said the three criminal breach of trust (CBT) charges faced by Najib are not defective as an offence of money laundering and CBT charge is found to be valid following a Court of Appeal decision where in a similar case, the accused is charged with money laundering and CBT. There is no ambiguity on the positions of Najib being prime minister, finance minister and advisor emeritus of SRC, he added.
Maybank KL Main branch assistant manager Halijah Abdul Wahab will today be cross-examined by Datuk Seri Najib Razak's lead counsel Tan Sri Muhammad Shafee Abdullah.
“Our clients have the right to remain silent and the privilege of self-incrimination," Rosmah's counsels argued.
Justice Mohd Nazlan Mohd Ghazali fixed the date after Deputy Public Prosecutor Allan Suman Pillai told the court that the prosecution has finished submitting all documents related to the case to Mohd Isa's defence team and suggested that a mention date be fixed a month before the scheduled trial date, which is set to begin on Oct 7.
Today's application was to ensure that Semantan Estates' application is not frivolous, vexatious and an abuse of the court process.
Najib and Mohd Irwan are jointly facing six charges of criminal breach of trust involving RM6.64 billion of government funds for payments to IPIC.
The Court of Appeal's three-member bench, led by Justice Datuk Umi Kalthum Abdul Majid, was unanimous in its dismissal of the appeal.
"This case, there is no predicate offence in these set of charges and we are considering to strike out these charges,"