Former Malaysian PM Najib’s 1MDB trial to go ahead after judge rules enough prosecution evidence

KUALA LUMPUR: Former Malaysian prime minister Najib Razak will be called to enter his defence on 25 counts of abuse of power and money laundering after a judge ruled that the prosecution had presented enough evidence in the 1Malaysia Development Berhad (1MDB) corruption case.
Judge Collin Lawrence Sequerah delivered his decision at the High Court in Kuala Lumpur on Wednesday (Oct 30).
“I find the charges fulfil all the legal criteria under the Criminal Procedure Code,” the judge said.
“I find that the prosecution has proven the ingredients of the charges,” he added.
In response, Najib’s lawyer Shafee Abdullah told the court that his client has elected to give evidence on oath in his defence to the charges.
“He has nothing to hide” Mr Shafee added.
Justice Sequerah, addressing the validity of the charges, stated that the former prime minister was neither misled nor prejudiced regarding the offences.
In a reading of key findings that lasted around two hours, the judge referred to the accused as “the main decision-maker,” noting that Najib did not file any police report regarding the alleged involvement of other individuals in the misappropriation of 1MDB funds.
“The evidence presented by the prosecution shows that the accused had an interest in 1MDB and also indicates that the government had to bear losses in repaying bonds and loans.”
In the end, the actions of the accused did not bring any benefits or advantages to the government,” said Justice Sequerah, as quoted in the New Straits Times.
He also noted that despite publicity about the 1MDB scandal by 2013, bankers who testified as prosecution witnesses had said Najib “had never raised enquiries about funds deposited in his AmIslamic bank accounts”, the Malay Mail reported.
He added that Najib had not declared to Cabinet about his receiving of RM2.6 billion (US$593 million) into his personal bank accounts, and that the spending of the funds from his accounts had included credit card spending.
The judge also said Najib had given instructions for the disbanding of a multi-agency taskforce, which was headed by then-attorney general Abdul Gani Patail to investigate allegations on 1MDB and transactions of money deposited into Najib’s account.
After going through all the evidence by the prosecution in court, the judge then ordered Najib to enter defence for the four power abuse charges.
Najib’s defence trial is scheduled to begin at the High Court on Dec 2, according to local media. 
At a press conference on Wednesday, Mr Shafee said that they were “extremely disappointed” with the judge’s decision but that they would not give up and would fight the case.
“We feel extremely disappointed … we’ll have to take the judgment and respect (it). But I’m so surprised … this is probably the only case that I’ve ever had where at this stage I don’t even win on a single point,” he said.
“We are going to fight this case, and we are more determined because of the decision today,” he added.
When asked about an apology Najib made last week for the 1MDB scandal, Mr Shafee believed that it had been misinterpreted as an admission of guilt or to seek a better outcome for Wednesday’s judgement.
“He apologised (for the fact) that the 1MDB debacle happened during his watch. He has to apologise because he is number one,” Mr Shafee said, referring to the fact that Najib was prime minister at the time of the alleged embezzlement of state money.
“He did not apologise to get a better result here. He thought that it was already due for him to apologise merely because it took place during his watch. He’s not saying he’s guilty, criminally or negligently,” added Mr Shafee.
The verdict came after 12 days of oral submissions by the prosecution and defence, which began on Aug 19 and concluded on Oct 3.
The prosecution closed its case against Najib on May 30, and more than 50 witnesses testified in the past 5 years, with the trial beginning on Aug 28, 2019.
Najib, 71, was charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act.
The offences carry a jail term of up to 20 years and a fine of up to five times the amount or value of the bribe, or RM10,000, whichever is higher.
For the 21 charges of money laundering, Najib is accused of committing the offences between Mar 22, 2013, and Aug 30, 2013.
Over 100 supporters of the former president of the United Malays National Organisation (UMNO) gathered at the court complex, with some turning up as early as 7.30am. 
They were heard chanting “Bebas Bossku”, “Hidup Bossku”, which translates to “Free my boss” and “Long live my boss” respectively.   
Police officers in tactical gear as well as traffic police were seen stationed along the road leading to the court complex and the compound.
UMNO youth chief Muhamad Akmal Saleh was also seen arriving at the court to show his support.
“We deeply and greatly miss him (Najib) for the support that ‘Bossku’ has given the people,” said Madam Mazenol Jaafar, 69, as quoted by The New Straits Times. 
A Najib supporter since the 1970s, she was one of the earliest to arrive in support of Najib, adding that she came from Pahang on Tuesday with her family members and other supporters.
Najib apologised last week for mishandling the 1MDB scandal that saw more than US$4.5 billion stolen from state coffers.
“It pains me every day to know that the 1MDB debacle happened under my watch as minister of finance and prime minister,” said Najib in a letter read at a press conference by his son.
But the former prime minister maintained his innocence, claiming that being held legally responsible for things that he did not initiate or knowingly enable was unfair to him. 
He is currently serving a 12-year sentence – which was later halved – for corruption and money laundering for illegally receiving about US$10 million from former 1MDB unit SRC International.