KUALA LUMPUR, April 3 — Datuk Seri Najib Razak’s lawyer has indicated to the High Court today their representation bid to get the Attorney-General’s Chambers (AGC) to drop the charges against the former prime minister for criminal breach of trust involving some RM6.64 billion in government funds paid to the International Petroleum Investment Company (IPIC).
Lawyer Tan Sri Muhammad Shafee Abdullah said the defence sought to make a second representation bid since it was understood there had been several high-level government discussions that have taken place between Malaysia and Abu Dhabi involving a settlement of the same funds as per the charges.
“Since there are new developments, we will write in another representation and will refer to these developments to have the charges (against my client) withdrawn,” he said, adding that the first representation was sent in 2020, that was subsequently rejected.
In February, the Finance Ministry had announced that two Abu Dhabi companies have agreed to settle legal proceedings involving 1Malaysia Development Berhad (1MDB) by paying US$1.8 billion (RM8 billion) to Malaysia.
Both the Minister of Finance (Incorporated) (MoF Inc) and 1MDB reached a settlement regarding their dispute with Abu Dhabi’s IPIC and Aabar Investments PJS (Aabar PJS) in respect of legal proceedings in the London Court of International Arbitration and the London High Court.
MoF Inc owns 1MDB, while Abu Dhabi’s sovereign wealth fund IPIC’s wholly-owned subsidiary is Aabar PJS.
Earlier at the onset of hearing, deputy public prosecutor Muhammad Saifuddin Hashim Musaimi requested for an adjournment to today’s hearing after he indicated to court of a representation it received from the second accused in the case, former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah.
“The matter has been referred to the Attorney-General (Tan Sri Idrus Harun) and his instructions were for this case to be postponed until a definite decision could be made.
“In the representation, a lot of new developments were raised by the defence counsel which requires the prosecution to first verify before a decision is made,” he told High Court judge Datuk Muhammad Jamil Hussin.
Lawyer Datuk K Kumaraendran appeared for Irwan Serigar.
Muhammad Jamil then adjourned today’s hearing and for the remaining hearing dates vacated.
He also fixed May 29 for mention for parties to update on the status of the representation bids.
In October 2018, Najib and Mohd Irwan Serigar pleaded not guilty to six charges of CBT amounting to RM6.6 billion in government funds involving payments to IPIC.
Najib and Mohd Irwan Serigar were jointly accused of committing all the offences at the Finance Ministry Complex, Putrajaya between December 21, 2016, and December 18, 2017.
They were charged under Section 409 of the Penal Code read together with Section 34 of the same code which provides for a maximum of 20 years jail and whipping as well as fine upon conviction.
