PUTRAJAYA: Datuk Seri Najib Razak’s defence team argued in the High Court that the prosecution failed to prove the former prime minister was ever at the AmIslamic Bank branch mentioned in his abuse of power charges.
Counsel Wan Azwan Aiman Wan Fakhruddin submitted that no evidence linked Najib to the bank’s premises on Jalan Raja Chulan or showed he exerted influence there.
“The defence’s grievances on those charges were not because they contained no date, no time or stated no offence, but it was due to each of the charges containing dates, locations, and specifying multiple alleged wrongdoings,“ he said during Najib’s trial for alleged misappropriation of RM2.3 billion in 1MDB funds.
Wan Azwan Aiman described this as “the very definition of duplicity” that Malaysian courts have consistently deemed illegal and unsalvageable.
He argued the court must review whether the prosecution proved this essential element given the absence of evidence placing Najib at the bank.
“We invite this court to review and re-evaluate the four charges under Section 23(1) of the Malaysian Anti-Corruption Commission Act filed by the prosecution in this case,“ he submitted.
Najib faces four charges of using his position to obtain RM2.3 billion in 1MDB funds as gratification at the AmIslamic Bank branch between February 24, 2011, and December 19, 2014.
The 72-year-old former prime minister also faces 21 counts of money laundering allegedly committed at the same bank between March 22, 2013, and August 30, 2013.
Najib’s defence closed its case on May 6 after calling 26 witnesses, with the court scheduling nine days for oral submissions beginning today.
He has been serving his sentence at Kajang Prison since August 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd.
The High Court initially sentenced him to 12 years in prison and fined him RM210 million, with the Court of Appeal and Federal Court upholding the decision.
His petition for a royal pardon resulted in the Pardons Board halving his prison sentence to six years and reducing his fine to RM50 million.
The hearing resumes tomorrow. – Bernama
