The Malaysian Insight

NAJIB Razak was allowed today to go through 17,000 documents surrendered by former PetroSaudi International Ltd employee, Xavier Andre Justo, to the Malaysian Anti-Corruption Commission in its investigations into 1Malaysia Development Bhd (1MDB).

The former prime minister’s application was made in relation to his corruption trial involving RM2.3 billion of 1MDB funds and 21 charges of money-laundering involving the same amount.  

“The material sought to be disclosed does exist and has been received by the Malaysian Anti-Corruption Commission,” said justice Collin Lawrence Sequerah in favour of the Pekan MP at the Kuala Lumpur High Court today.

“This would negate the argument (by the prosecution) that the material sought are based information that is hearsay.”

Further support can be found in Section 41(a) of the MACC Act, Sequerah said. 

Section 75 of the MACC doesn’t apply, as the identity of the source, namely Justo, is not denied by the MACC, he said. 

The prosecution’s claim to privilege can be reviewed by the court and that there was nothing to substantiate claims that public interest would suffer from such a disclosure. 

Sequerah also ruled that because the classes of documents have been sufficiently identified and capitalised by the applicant, Najib’s application is, therefore, “not in the nature of a fishing expedition”. 

“I also find that there is basis that the material sought is relevant to the charges faced by the applicant and his defence,” the judge said.  

Justo, a Swiss national, was a PetroSaudi executive who downloaded 90GB of data from the company, including 230,000 emails. 

Najib’s legal team was led today by Al Firdaus Shahrul Naing.

Lead prosecutor Gopal Sri Ram told the court that the MACC officer in charge of the documents is on leave. Sequerah then set January 7 for the next hearing on the matter. 

Sri Ram, a former Federal Court judge, also informed the court that the documents, placed in a pen drive, will be handed over the defence by then if no appeal is ordered.

Justo was convicted and jailed in Thailand in 2015 of trying to blackmail his former employer with confidential documents the company said he stole.

The documents revealed that billions of ringgit were allegedly siphoned off from 1MDB under the guise of a deal with PetroSaudi.

He also passed the data to The Edge Media Group with the promise of payment but was never paid.

In January, The Edge Media Group chairman paid Justo US$2 million (RM8.2 million) for exposing the 1MDB scandal.

The data he downloaded included correspondence between key PetroSaudi figures, such as CEO Tarek Obaid, executive Patrick Mahony as well as 1MDB intermediary figure, Low Taek Jho, commonly known as Jho Low.

Low is on the run in China, according to media reports.

Earlier today, Al Firdaus disputed an affidavit filed by MACC deputy chief commissioner Azam Baki who said the authorities received the documents from Justo in confidence.

Azam said that the evidence is protected under Section 124 of the Evidence Act, which stipulates that no public officer shall be compelled to disclose communications made to him in official confidence when he considers that the public interest would suffer by the disclosure.

“Justo had access to critical information,” Al Firdaus told the court earlier today.

“He had downloaded those information and he sold the information to the Edge and Clare Rewcastle-Brown of the Sarawak Report for US$2 million.

“What has been expressly admitted was that he (Azam) himself had received the documents from Justo,” the lawyer said, adding that the MACC officer has not issued a denial that the information was not related to 1MDB

“It is important for me to impress upon the court that this exhibit is identical to the one Clare Rewcastle produced in the Sarawak Report.”

Al Firdaus added that Justo was neither a complainant nor was he an informant protected by Section 65 of Evidence Act

Sri Ram had argued that the defence should only apply for the documents at the end of the defence stage.

The trial is currently hearing the testimony of the ninth prosecution witness, former 1MDB chief Shahrol Azral Ibrahim Halmi. 

Najib, 66, is on trial on four counts of power abuse to enrich himself with RM2.3 billion from 1MDB and 21 counts of laundering the same amount.

He is represented by a dozen lawyers led by Muhammad Shafee Abdullah. The trial, before Sequerah, resumes on January 7. – December 13, 2019.