KUALA LUMPUR, Oct 30 – The High Court on Wednesday ordered Datuk Seri Najib Tun Razak to enter his defence on four charges of using his position to obtain gratification totalling RM2.3 billion in 1Malaysia Development Berhad (1MDB) funds and 21 money laundering charges involving the same amount.
Justice Datuk Collin Lawrence Sequerah (now Court of Appeal judge) made the ruling after finding that the prosecution had established a prima facie case against the former prime minister on all the charges at the end of the prosecution’s case.
“This court finds the charges against the accused are valid and correct in law. The ingredients that the accused is an officer of a public body have been proven in respect of all four charges of use of official position for any gratification for himself,” he said.
For all 21 money laundering charges, he said the offences had fulfilled the criteria under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Justice Sequerah said on the defence’s allegations that the charges against Najib were defective, duplicitous and ambiguous, the court found that the time and place stated in the charges fulfil all the legal criteria under the Criminal Procedure Code.
“The court did not find that the accused has been misled by the charges,” said the judge.
Najib, 71, 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.
