The Malaysian Insight

NAJIB Razak abused his position as prime minister, finance minister and chairman of the 1Malaysia Development Board (1MDB) to enrich himself, said Gopal Sri Ram, the lead prosecutor in his opening statement in the country’s biggest criminal trial. 

“The ultimate aim of the accused (Najib) was to obtain gratification for himself. He succeeded in achieving that aim. An elaborate charade was employed,” Sri Ram said told a packed courtroom before Kuala Lumpur High Court judge Collin Lawrence Sequerah. 

Sri Ram also told the judge that an important character in the charade is a man called Low Taek Jho, or Jho Low, adding that he was involved in 1MDB and its precursor, Terengganu Investment Authority, but is now a fugitive from justice. 

“The prosecution will prove that the accused, by his words and conduct, made it clear to 1MDB’s officers, its board and others that Jho Low was his alter ego. In truth, Jho Low was the accused’s mirror image.

“The prosecution will establish facts which will give rise to an irresistible inference that Jho Low and the accused acted as one at all material times.”

Najib, dressed in a blue suit, appeared calm. The 66-year-old was accompanied by aides this morning with none of his family members present. 

Sri Ram said prosecutors will prove Najib caused amendments to be made to the articles of 1MDB to place himself in sole control of important matters concerning the business and affairs of the company. 

“In short, he was its plenipotentiary (having full power to take independent action).”

Najib is facing four charges of having used his position to obtain gratification totalling RM2.3 billion from 1MDB and 21 counts of money-laundering.

The Pekan MP is alleged to have committed the offences at AmIslamic Bank, Jalan Raja Chulan, Kuala Lumpur, between 2011 and 2014.

Sri Ram told the court that fraud at 1MDB involved four phases between 2009 and 2014: “(They) are to be considered as part of a consecutive story because of the pre-arranged plan by the accused to enrich himself.”

Earlier in the hearing, lead defence counsel Muhammad Shafee Abdullah told the court that Kuala Lumpur High Court will hear a judicial review application by Najib’s lawyers to disqualify Sri Ram as the ad hoc lead prosecutor.

The Federal Court on Monday ordered the High Court to hear application that the latter had previously dismissed.

Shafee said if the courts’ decisions are found to be in favour of Najib, Sri Ram’s appointment would nullify the entire 1MDB trial, which may result in a retrial or Najib’s acquittal.

“The ball is in the prosecution’s court, whether they want to proceed,” Shafee said.

Sri Ram responded: “They say the ball is in our court, but I say the ball is up in the air.

“We will cross the bridge when we come to it,” he added. Sequerah later agreed with Sri Ram’s suggestion that the trial continue.

Sri Ram is assisted by seven deputy public prosecutors: Akram Gharib, Mustaffa P. Kunyalam, Deepa Nair Thevaharan, Nadia Mohd Izhar, Najwa Bistamam, Hazmida Harris Lee and Tan Song Yan.

Lawyers for the defence led by Shafee are: Tania Scivetti, Al Firdaus Shahrul, Syazwani Zawawi, Nor Fazreen Hazrina Rahim, Wan Aizuddin Wan Mohammed, Rahmat Hazlan, Farhan Shafee, Mardhiyah Sirajkumar, T. Chelvakumar, Syahirah Hanapiah and Zahira Eleena Redza.

Shafee informed the court that defence lawyers from the SRC International trial – Harvinderjit Singh and Farhan Read – will join the 1MDB trial later as they are in the middle of preparing the defence submission after the prosecution completed its case yesterday.

Serving as watching brief for the Malaysian Bar today was Rajsurian Pillai, while vice-president Roger Chan attended as an observer.

Hisyam Teh and Raehan Yogaratnam also held a watching brief for Goldman Sachs, while Guok Ngek Seong appeared for Semarak Konsortium.

On the first day of trial, three witnesses were called: two former officers from the Prime Minister’s Department, an officer from Parliament and a digital media consultant who received a RM2 million cheque from Najib.

The 1MDB trial continues tomorrow morning. – August 28, 2019.