Tuesday, 29 October 2024

D-day for Najib ‘1MDB’ Razak tomorrow

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 Now serving a jail sentence, Najib “1MDB” Razak will know tomorrow whether his 1MDB legal woes could worsen. - Facebook image

D-day for Najib ‘1MDB’ Razak tomorrow

KUALA LUMPUR, Oct 29, 2024: Disgraced and shameless former prime minister Najib “1MDB” Razak, now serving a sentence in prison, will know tomorrow whether his 1Malaysia Development (1MDB) legal woes could worsen.

After a trial that took six years, the Kuala Lumpur High Court will decide tomorrow if Najib would have to defend himself or be acquitted of all charges related to 1Malaysia Development Berhad (1MDB) funds.

Justice Collin Lawrence Sequerah will decide whether to call Najib to enter his defence on the charges or to acquit him.

Najib, 71, is facing four charges of abusing his position to obtain RM2.3 billion from 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014.

Najib is charged under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act and can be punished under Section 24(1) of the same act.

News portal, The Coverage, has even posdted a report headlined Najib Will Be Acquitted Tomorrow – High Court To Rule On Najib’s Defence On RM2.3 Billion 1MDB Case.

No News Is Bad News reproduces below news reports on the court proceedings today:

Malaysia

Najib’s fate to be known tomorrow

The prosecution closed its case on May 30, after 235 hearing days going back to Aug 29, 2019, with 50 witnesses testifying.

Updated 7 hours ago · Published on 29 Oct 2024 9:38AM

Najib, 71, is facing four charges of abusing his position to obtain RM2.3 billion from 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014. - October 29, 2024

AFTER a trial that took six years, the Kuala Lumpur High Court will decide tomorrow if Datuk Seri Najib Razak will have to defend himself or be acquitted of all charges related to 1Malaysia Development Berhad (1MDB) funds.

The prosecution closed its case on May 30, after 235 hearing days going back to Aug 29, 2019, with 50 witnesses testifying.

Justice Datuk Collin Lawrence Sequerah will decide whether to call Najib to enter his defence on the charges or to acquit him.

Najib, 71, is facing four charges of abusing his position to obtain RM2.3 billion from 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014.

Najib is charged under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act and can be punished under Section 24(1) of the same act.

The former finance minister faces up to 20 years in prison and a fine of either five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.

Najib is accused of committing money laundering offences at the same bank between March 22, 2013, and Aug 30, 2013.

All these charges are under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act, which provides for a maximum fine of RM5 million and imprisonment of up to five years, or both, upon conviction.

 

Najib's counsel Tan Sri Muhammad Shafee Abdullah, in concluding his submission, said that throughout the trial, Najib's actions had been more consistent with innocence rather than guilt.

Najib's defence team, led by Muhammad Shafee along with Tania Scivetti and Wan Azwan Aiman Wan Fakhruddin, took 11 and a half days to present their arguments in the submission stage.

Deputy public prosecutor Kamal Baharin Omar, together with Ahmad Akram Gharib, took only half a day to argue their case for the prosecution.

Among the key witnesses called to testify were former 1MDB chairman Tan Sri Mohd Bakke Salleh, former chief executive officer Datuk Shahrol Azral Ibrahim Halmi, former Bank Negara Malaysia governor Tan Sri Dr Zeti Akhtar Aziz, and former 1MDB general counsel Jasmine Loo Ai Swan.

Recently, Najib issued an apology for all that transpired during the 1MDB financial scandal.

He asserted his innocence, claiming he was deceived by fugitive businessman Low Taek Jho (Jho Low) and his associates.

Najib said he had reflected on the scandal, which US authorities had dubbed the largest kleptocracy, over the past 26 months.

“It pains me every day to know that the 1MDB debacle happened under my watch as finance minister and prime minister.

“For that, I would like to apologise unreservedly to the nation,” he said in a statement read out by his eldest son Datuk Mohamad Nizar at the Kuala Lumpur High Court. - October 29, 2024

News

Najib Will Be Acquitted Tomorrow – High Court To Rule On Najib’s Defence On RM2.3 Billion 1MDB Case 

29 October, 2024 

Six years after he was charged, Datuk Seri Najib Razak will find out tomorrow (Oct 30) whether he will be acquitted or called to enter his defence on four counts of abusing his position for the gratification of RM2.28bil from the coffers of 1Malaysia Development Bhd (1MDB) and 21 counts of money laundering involving the same monies.

Justice Collin Lawrence Sequerah, who has since been elevated to the Court of Appeal, will be delivering his decision at the end of the prosecution’s case here on Wednesday.

The proceedings at the High Court are expected to begin at 9am.

If the court finds prima facie in the prosecution’s case, Najib would be called to enter his defence.

An accused who is called to enter defence may elect to testify under oath from the witness stand; give a statement from the dock; or remain silent, in which case the court must proceed to convict him.

However, in the case that prima facie is not established, the court would acquit Najib of the charges.

Just last Thursday (OCT 24), Najib publicly apologised to all Malaysians over the 1MDB scandal which occurred during his tenure as prime minister and finance minister.

In a statement read by his son Datuk Mohd Nizar Najib at the Kuala Lumpur Court Complex where his trial is currently being held, Najib said he decided to make the statement after much reflection during his 26 months in jail (for his conviction in the RM42mil SRC International Sdn Bhd graft trial) and following significant recent developments relating to 1MDB.

“It pains me to know the 1MDB debacle happened under my watch as the minister of finance and prime minister.

“For that, I would like to apologise unreservedly to the Malaysian people,” Nizar read.

According to the amended charges, the former Pekan MP is facing four counts of using his position to obtain RM2.28bil gratification from 1MDB’s funds and 21 counts of money laundering involving the same amount.

The abuse of power offences were allegedly committed at an AmIslamic Bank Bhd branch, Jalan Raja Chulan, Bukit Ceylon between Feb 24, 2011 and Dec 19, 2014.

Meanwhile, the money laundering offences were allegedly committed at the same location between March 22 and Aug 30, 2013.

The charges were framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and punishable under Section 24(1) of the same Act.

If he is convicted at the end of the defence case, Najib is facing imprisonment up to 20 years and a fine of five times the amount of gratification or RM10,000, whichever is higher.

On May 30, the prosecution closed its case after calling 50 witnesses to the stand to testify against the former prime minister.

Some of the high profile witnesses were former 1MDB chairman Tan Sri Mohd Bakke Salleh, former 1MDB CEO Datuk Shahrol Azral Ibrahim Halmi and former Bank Negara governor Tan Sri Dr Zeti Akhtar Aziz.

Another notable witness was former general counsel of 1MDB, Jasmine Loo, who went hiding abroad for about five years before surrendering herself to the authorities in July last year.

She became the 50th and last witness to testify.

The prosecution’s trial began on Aug 28, 2019, and lasted 235 days.

The late Deputy Public Prosecutor Datuk Seri Gopal Sri Ram led the prosecution team until his demise in January last year.

Deputy Public Prosecutor Ahmad Akram Gharib took on his mantle, with other DPPs Mohamad Mustaffa P Kunyalam and Kamal Bahrin Omar on the team.

Meanwhile, lead counsel Tan Sri Muhammad Shafee Abdullah and lawyers Wan Mohammad Arfan Wan Othman, Alaistair Brandah Norman and Wan Azwan Aiman Wan Fakhruddin represented Najib.

Source : The Star

High Court To Rule On Najib’s Defence On RM2.3 Billion 1MDB Case 

The High Court is set to announce its decision tomorrow regarding whether to acquit former Prime Minister Datuk Seri Najib Tun Razak or require him to enter his defence on four charges related to the misuse of RM2.3 billion from 1Malaysia Development Berhad (1MDB) funds, as well as 21 charges of money laundering involving the same amount. Justice Datuk Collin Lawrence Sequerah, now a Court of Appeal judge, will deliver the ruling at 9 am.

Najib, who is 71 years old, has been charged with using his position to secure gratification totalling RM2.3 billion at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014. These charges are framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, which carries penalties of up to 20 years in prison and fines of either five times the amount of the bribe or RM10,000, whichever is higher.

The former prime minister was initially charged in the Sessions Court on Sept 20, 2018, with the case later being transferred to the High Court on October 31, 2018. The prosecution concluded its case on May 30, after calling 50 witnesses over the six-year trial, which commenced on August 28, 2019. Key witnesses included former Bank Negara Governor Tan Sri Zeti Akhtar Aziz, former 1MDB CEO Datuk Shahrol Azral Ibrahim Halmi, former 1MDB Chairman Tan Sri Mohamad Bakke Salleh, former 1MDB counsel Jasmine Loo Ai Swan, and MACC investigating officer Senior Superintendent Nur Aida Ariffin.

For the 21 money laundering charges, Najib is accused of committing offences at the same bank between March 22, 2013, and Aug 30, 2013, under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act, which provides for a maximum penalty of RM5 million and imprisonment of up to five years, or both.

Since Aug 23, 2022, Najib has been incarcerated at Kajang Prison following a conviction for misappropriating RM42 million from SRC International Sdn Bhd. After this conviction, he filed for a royal pardon on Sept 2, 2022, leading to a reduction of his 12-year sentence to six years, and a fine of RM210 million reduced to RM50 million.

In addition to the 1MDB and SRC cases, Najib faces three further money laundering charges involving RM27 million from SRC International, with the trial scheduled for May 19 next year before High Court Judge K. Muniandy. He is also jointly accused with former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah of six charges of criminal breach of trust involving RM6.6 billion in government funds linked to payments to the International Petroleum Investment Company (IPIC), with that trial set for November 14 before High Court Judge Datuk Muhammad Jamil Hussin.

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