.JPG "Ex-Goldman Sachs banker Roger Ng leaves the federal court in New York May 6, 2019. u00e2u20acu201d Reuters pic")
KUALA LUMPUR, Sept 10 — Former banker Roger Ng has asked the Attorney General to review all four charges against him for allegedly abetting UK-based Goldman Sachs International in alleged criminal offences linked to the 2012 and 2013 sale of US$6.5 billion (RM27 billion) worth of 1Malaysia Development Berhad (1MDB) bonds.
Ng’s lawyer Datuk Tan Hock Chuan today informed the two judges in the High Court of Kuala Lumpur — where the four charges are to be heard —- of his client’s letter to the Attorney General.
Out of the four charges against Ng in Malaysia, two are before High Court judge Mohamed Zaini Mazlan and another two before Datuk Muhammad Jamil Hussin.
Tan today told Zaini: “My Lord, we have written a letter of representation to the AG yesterday in the light of the developments in Your Lordship’s court last Friday.
“Since the charges against Goldman Sachs were withdrawn, our instructions are to write the letter to the AG which we have done and served on the AG yesterday,” he told the court.
Last week, the prosecution dropped all criminal charges against three Goldman Sachs companies over the US$6.5 billion 1MDB bond sale, resulting in the High Court’s discharge and acquittal of the companies —- Goldman Sachs International as well as its alleged abettors Goldman Sachs (Asia) LLC and Goldman Sachs (Singapore) Pte — over those charges.
But the prosecution last week said it still intends to continue prosecuting Ng.
When met in the Kuala Lumpur court complex today, Tan confirmed that his client had sent a single letter of representation to the AG relating to all four charges.
When asked by reporters if the letter of representation was to ask the AG to consider dropping the charges, Tan merely said: “On instructions of my client, we sent a letter of representation to the AG to review the charges against him.”
.jpg)
Where Roger Ng is now
Deputy public prosecutor Roz Mawar Rozain, who is also the Securities Commission’s deputy director for prosecution and civil enforcement, told Zaini that Ng is currently in the US to face a trial there.
“Unfortunately Yang Arif, the accused is not here because he is still in extradition, the expiry of the extradition is on November 1. As far as the Attorney General’s Chambers is concerned, we have yet to receive any extension for the extradition, although we do take note that his trial in New York will only commence in February 2021,” she said.
Roz Mawar said the prosecution has been informed that Ng’s trial in the US is expected to take six weeks, adding: “I believe the extradition arrangement was that he will be returned to Malaysia upon conclusion of the trial.”
.jpg)
Intention to transfer case
As for the prosecution’s application to transfer the two charges against Ng in Zaini’s court to Jamil’s court for all four charges to be jointly heard, Tan asked for a formal application to be made and to have the prosecution list out the reasons for why it wanted to transfer the case.
Tan said Ng’s legal team would not be objecting to the transfer application, if it has seen the reasons stated and considers that it would be appropriate to transfer the case for a joint trial.
Tan also said the prosecution has served some documents since Ng was charged in December 2018, but said the documents were still insufficient.
Roz Mawar then said the prosecution could make a formal application for the transfer, explaining one of the reasons for the transfer bid is due to a separate forfeiture lawsuit by the government over Ng and his family’s assets that is also being heard before Zaini.
“This is one of the considerations to prevent further delay later on — embarrassment, perception issues,” she said.
As for documents related to the case, Roz Mawar said the prosecution is still in the process of serving the documents to Ng’s lawyers as there are a lot of foreign and cross-jurisdiction matters involved.
Zaini then fixed November 20 tentatively for the hearing of the prosecution’s application to transfer the charges.
Later in Jamil’s court, both Roz Mawar and Tan provided similar updates to the judge, with both lawyers asking for the case to be mentioned also on November 20 for them to provide updates on the status of the transfer application at Zaini’s court.
Jamil then fixed November 20 for the mention of the case.
Ng was previously charged in Malaysia, but was extradited to the US to face charges there first for 1MDB-linked offences before his trials in Malaysia could start.
In the cases before Zaini and Jamil, Ng’s charges are four counts of abetting Goldman Sachs International in allegedly leaving out material facts and making untrue statements of material facts in relation to the sale of the 1MDB subsidiaries’ bonds.
Ng was charged in December 2018 under Section 370(c) of the Capital Markets and Services Act 2007 with abetting Goldman Sachs International of committing those alleged offences.
The company Goldman Sachs International was previously facing four charges involving the alleged omission of material facts and making untrue statements of material facts in relation to three bonds worth US$6.5 billion that were issued by three 1MDB subsidiaries. The company was last Friday (September 4) acquitted of these charges, which came shortly after Goldman Sachs made a US$3.9 billion deal with the Malaysian government in return for the dropping of 1MDB-linked charges and after Goldman Sachs’s reported August 27 payment of US$2.5 billion to Malaysia as part of the deal.
