Judge says Najib could not have been misled by 1MDB management

PUTRAJAYA – The Kuala Lumpur High Court says former prime minister Datuk Seri Najib Razak was not someone who could have been easily misled by the management of 1Malaysia Development Berhad (1MDB).

Judge Datuk Collin Lawrence Sequerah said on Friday that the court rejected the defence’s claim that Najib, 72, had been misled by the national strategic company, leading to the charges against him.

“Najib is not a villager. In fact, at the material time he was the Prime Minister, the Finance Minister and the 1MDB Board of Advisers chairman.

“Therefore, the court finds that the argument that he had been misled to be without dignity,” the judge said.

He said the court also did not accept the argument that the former Umno president was focused solely on administering the country.

As a result, the court found that Najib had instructed fugitive businessman Low Taek Jho, also known as Jho Low, to accompany his former special officer Datuk Amhari Efendi Nazaruddin on company-related trips to Abu Dhabi and China.

Sequerah, who was sworn in as a Federal Court judge on Dec 3, said there was also evidence showing that the former Pekan MP had asked Datuk Seri Ahmad Husni Hanadzlah not to worry after the former second finance minister raised concerns about 1MDB.

“The accused was also fully aware when he rejected advice from the 1MDB management, including former 1MDB chief executive officer Datuk Shahrol Azral Ibrahim Halmi, involving Jho Low.

“The court concludes that Jho Low had acted as a proxy and agent for Najib, in addition to the existence of photographic evidence from previous holidays,” he said.

He added that the court rejected the defence’s argument that the prosecution witnesses’ testimony was hearsay, as it was supported by evidence.

After reading his findings for three hours in the decision involving 25 counts of misappropriation of 1MDB funds, the judge adjourned the proceedings at 12.15pm to allow for Friday prayers.

Proceedings resumed at 3pm.

The prosecution in the case was conducted by deputy public prosecutors Datuk Ahmad Akram Gharib, Datuk Kamal Baharin Omar, Mohamad Mustaffa P Kunyalam, Deepa Nair Thevaharan, Nadia Mohd Izhar, Najwa Bistamam, Hazmida Harris Lee and Siti Aina Rodhiah Shikh Md Saud.

Meanwhile, Najib was represented by lawyers Tan Sri Muhammad Shafee Abdullah, Datuk Tania Scivetti, Wan Azwan Aiman Wan Fakhruddin, Muhammad Farhan Muhammad Shafee, Wan Mohammad Arfan Wan Othman and Effa Azuin.

Najib faces four charges of using his position to obtain gratification amounting to RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount between 2011 and 2014.

The offences were alleged to have been committed at AmIslamic Bank Berhad, Bukit Ceylon, Kuala Lumpur, between Feb 24, 2011 and Dec 19, 2014, while all the money laundering charges were alleged to have taken place between March 22 and Aug 30, 2013 at the same place.

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

The former finance minister faces imprisonment of up to 20 years and a fine of up to five times the amount or value of the gratification or RM10,000, whichever is higher, if convicted.

For the 21 money laundering charges, Najib was alleged to have committed the offences at the same bank between March 22 and Aug 30, 2013.

All charges were brought under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFA), which provides for a maximum fine of RM5 million and imprisonment of up to five years, or both, if convicted.