KUALA LUMPUR: The High Court will decide tomorrow whether to acquit or order former prime minister Datuk Seri Najib Tun Razak to enter his defence on four charges of using his position to obtain gratification totalling RM2.3 billion in 1Malaysia Development Berhad (1MDB) funds and 21 money laundering charges involving the same amount.
Justice Datuk Collin Lawrence Sequerah (now Court of Appeal judge) is scheduled to deliver the decision at 9 am.
On May 30, the prosecution closed its case after calling 50 witnesses in the six-year trial that 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.
The prosecution was conducted by deputy public prosecutors Kamal Baharin Omar and Ahmad Akram Gharib while Najib was represented by lawyer Tan Sri Muhammad Shafee Abdullah.
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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.
Najib, 71, is facing four charges of using his position to obtain gratification totalling RM2.3 billion in 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014.
He 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.
Upon conviction, 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.
For the 21 money laundering charges, Najib is accused of committing the offences at the same bank between March 22, 2013, and Aug 30, 2013.
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The charges are framed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act, which provides a maximum fine of RM5 million and imprisonment of up to five years, or both, upon conviction.
Najib has been in Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
Following his conviction, the former Pekan MP filed a petition for a royal pardon on Sept 2, 2022, which resulted in his 12 years imprisonment reduced to six years and a fine of RM210 million to RM50 million.
Besides the 1MDB and SRC cases, Najib was also slapped with three additional money laundering charges involving RM27 million from SRC International and the case has been fixed for trial on May 19 next year before High Court Judge K. Muniandy.
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Najib is also jointly accused with former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah of six charges of criminal breach of trust (CBT) involving RM6.6 billion in government funds involving payments to the International Petroleum Investment Company (IPIC).
The case is fixed for trial on Nov 14 before High Court Judge Datuk Muhammad Jamil Hussin.