PUTRAJAYA — Datuk Seri Najib Razak failed today to get the written statements of what potential defence witnesses in his 1Malaysia Development Berhad (1MDB) trial had told the police and Malaysian Anti-Corruption Commission (MACC) investigators in the 1MDB case.

The High Court in Kuala Lumpur today dismissed Najib’s Monday application to be given the statements of those he planned to call to testify as his defence witnesses in the 1MDB trial.

Trial judge Datuk Collin Lawrence Sequerah this morning pointed out that Najib’s application was made under Section 51 of the Criminal Procedure Code, which requires that the giving of these documents — which were recorded during investigations — to be both necessary and desirable.

But he said Najib had failed to show it would be necessary and desirable for the prosecution to give him the recorded statements of these potential defence witnesses.

Saying that he is bound by Federal Court decisions in multiple past court cases, the judge said he found that the documents that Najib had tried to get were “privileged” documents and that the prosecution has not waived this privilege.

The judge also pointed to the risk of an accused person interfering with what witnesses would say in court if an accused person is given access to such documents recorded during investigations.

“I also find that the real danger of witness tampering, however slight it may be, is still a relevant public policy consideration.