PETALING JAYA: Datuk Seri Najib Razak will know whether to go on the defense or be acquitted on four charges of abusing his position for the settlement of RM2.28bil from the coffers of 1Malaysia Development Bhd (1MDB) and 21 charges of money laundering involving the same money on Wednesday (October 30).
The former prime minister will hear the decision of Judge Collin Lawrence Sequerah – who has since been elevated to the Court of Appeal – on whether a prima facie case has been found against him, with Najib joining the defense.
A suspect who is called to defend himself may choose to testify under oath from the witness stand; make a statement from the dock; or remain silent, in which case the court must proceed with conviction.
If there is no prima facie case, the court will acquit Najib of the charges.
On Thursday (Oct 24), Najib publicly apologized to all Malaysians for the 1MDB scandal that occurred during his tenure as Prime Minister and Finance Minister.
In a statement read by his son Datuk Mohd Nizar Najib at the Kuala Lumpur Court Complex where his trial is currently being held, Najib said that after much consideration he decided to make the statement during his 26-month prison sentence (for his conviction in the RM42mil SRC International Sdn Bhd Graft Trial) and following significant recent developments regarding 1MDB.
“It pains me to know that the 1MDB debacle took place under my watch as Finance Minister and Prime Minister.
“For this, I would like to apologize unconditionally to the Malaysian people,” Nizar read.
According to the amended indictment, the former Pekan MP faces four charges of using his position to obtain a settlement of RM2.28 billion from 1MDB’s funds and 21 charges of money laundering involving the same amount .
The abuse of power offenses are alleged to have been committed between February 24, 2011 and December 19, 2014 at a branch of AmIslamic Bank Bhd, Jalan Raja Chulan, Bukit Ceylon.
The money laundering crimes were allegedly committed at the same location between March 22 and August 30, 2013.
The charges were brought under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and are punishable under Section 24(1) of the same act.
If convicted at the end of the defense case, Najib faces a prison term of up to 20 years and a fine of five times the amount of the gratuity or RM10,000, whichever is higher.
On May 30, the prosecutor closed his case after calling fifty witnesses to testify against the former prime minister.
Some of the high-profile witnesses included former 1MDB chairman Tan Sri Mohd Bakke Salleh, former 1MDB CEO Datuk Shahrol Azral Ibrahim Halmi and former Bank Negara governor Tan Sri Dr. Zeti Akhtar Aziz.
Another notable witness was 1MDB’s former general counsel Jasmine Loo, who spent about five years in hiding abroad before surrendering to authorities in 2023.
She became the 50th and last witness to testify.
The trial against the accuser started on August 28, 2019 and lasted 235 days.
The late deputy public prosecutor Datuk Seri Gopal Sri Ram led the prosecution team until his death in January 2023.
Deputy Public Prosecutor Ahmad Akram Gharib took up his mantle along with other DPPs Mohamad Mustaffa P. Kunyalam and Kamal Bahrin Omar in the team.
Meanwhile, lead lawyer Tan Sri Muhammad Shafee Abdullah and lawyers Wan Mohammad Arfan represented Wan Othman, Alaistair Brandah Norman and Wan Azwan Aiman Wan Fakhruddin Najib.