KUALA LUMPUR: The High Court here today fixed Dec 2 for former prime minister Datuk Seri Najib Tun Razak to answer all 25 charges in the 1Malaysia Development Berhad (1MDB) case.
Justice Datuk Collin Lawrence Sequerah (now Court of Appeal judge) set 97 days to hear the defence’s case, starting Dec 2 till Nov 7 next year.
Earlier in his ruling, Justice Sequerah ordered Najib, 71, to enter his defence on four charges of using his position to obtain gratification totalling RM2.3 billion in 1MDB funds and 21 money laundering charges involving the same amount after finding that the prosecution had established a prima facie case on all 25 charges at the end of the prosecution’s case.
“The court calls the accused to enter his defence on all the charges,“ the judge said.
Justice Sequerah asked the court interpreter to explain to Najib that he has three options - give a sworn statement while testifying under oath from the witness stand, give an unsworn statement from the dock, or remain silent.
By giving sworn evidence, the accused will be subjected to cross-examination by the prosecution while with unsworn evidence, the court must consider the statement and assess the weight that the statement is not subject to cross-examination.
No evidence will be presented by the accused in his defence when the accused opts to remain silent.
Clad in a dark blue suit, Najib, who appeared calm in the dock when the judge handed down the ruling, said he was opting to give sworn evidence from the witness stand
The former prime minister’s counsel Tan Sri Muhammad Shafee Abdullah then said his client “has nothing to hide” and chose to give sworn evidence from the witness stand.
Earlier, deputy public prosecutor Ahmad Akram Gharib asked for the defence to prepare witness statements and file in before the trial resumes.
Najib 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 here 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.
The charges are framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which provides for a maximum fine of RM5 million and imprisonment of up to five years, or both, upon conviction.
Najib has been serving a sentence in Kajang Prison since Aug 23, 2022, after being convicted in a separate criminal trial over 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 a reduction of his 12 years’ imprisonment to six years and RM210 million fine to RM50 million.
