KUALA LUMPUR: After five long years of being tried in court, former prime minister Datuk Seri Najib Tun Razak, who is facing four charges of abusing his position to obtain RM2.3 billion from 1Malaysia Development Berhad (1MDB) and 21 money laundering charges involving the same amount, will know on Oct 30 whether he has to enter his defence.
Justice Datuk Collin Lawrence Sequerah (now Court of Appeal judge), who presided over the trial at the High Court here, will decide whether to call Najib to enter his defence on the charges or to acquit him.
“I thank all parties for the well-researched and thorough submissions. I will deliver the decision on Oct 30,“ said Justice Sequerah after the prosecution and defence concluded their submissions today.
Submissions at the end of the prosecution case started on Aug 19 and lasted 12 days.
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 the 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.
Earlier, 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.
“Even in areas where Yang Arif may think that the action (of Najib) is clumsy; nevertheless, it is not a criminal act. I plead to Yang Arif, this is a case where Yang Arif has got to do maximum evaluation of the case.
“I urge that no defence ought to be called. Yang Arif must acquit and discharge Datuk Seri Najib on all charges. Our argument on the charges being defective is extremely strong and Yang Arif ought to consider that claim,“ said Muhammad Shafee.
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.
Najib was initially charged in the Sessions Court here on Sept 20, 2018, and the case was later transferred to the High Court on Oct 31, 2018. The trial began on Aug 28, 2019.
Among the key witnesses called during the trial were former Bank Negara governor Tan Sri Zeti Akhtar Aziz, former 1MDB chief executive officer 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.
