PUTRAJAYA: The High Court today held that former Goldman Sachs banker Roger Ng Chong Wa may be called as a witness and testify in the 1Malaysia Development Berhad (1MDB) trial involving Datuk Seri Najib Tun Razak, notwithstanding the existence of a restrictive order issued by a United States court.
Judge Datuk Collin Lawrence Sequerah stated that the Malaysian court is governed by its own jurisdiction and is not subject to the authority of any foreign tribunal.
“This is a public interest case which has proceeded for far too long. This court is not prepared to wait for any variation sought. The US court order, which is a protective order, does not bind this court,” he said.
The judge emphasised that he would not defer proceedings pending any application by Ng’s counsel to seek a variation of the order from the US court to facilitate his testimony in the 1MDB trial here.
Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, subsequently applied for a brief adjournment to interview the witness, Ng. The court acceded and adjourned the proceedings for half an hour.
Earlier, Ng’s counsel, Datuk Tan Hock Chua, submitted that his client remains bound by a protective order issued by the Eastern District of New York, which prohibits him from being interviewed or providing testimony before the Malaysian court.
“If compelled to be interviewed or testify under the current protective order, the US Attorney has advised that Roger faces exposure to criminal liability and possible sanctions,” said Tan.
Muhammad Shafee then contended that the court may invoke Section 132 of the Evidence Act, which compels Ng to answer questions posed to him in court, with the assurance that such answers shall not expose him to criminal liability.
Roger Ng, who has been convicted in New York for aiding in the embezzlement of 1MDB funds and faces a 10-year prison sentence, is expected to be extradited to the US to face further charges related to the case.
On Oct 30 last year, Justice Sequerah ordered Najib to enter his defence after ruling that the prosecution had established a prima facie case against him.
Najib, 71, faces 25 charges, including four counts of abusing his position to accept RM2.3 billion in bribes from 1MDB funds and 21 charges of money laundering involving the same amount.
The hearing continues.
