KUALA LUMPUR (April 3): The prosecution on Monday (April 3) sought an adjournment of the trial of former prime minister Datuk Seri Najib Razak and former Treasury secretary general Tan Sri Dr Mohd Irwan Serigar Abdullah relating to their six counts of criminal breach of trust (CBT) involving the misappropriation of RM6.64 billion of government funds for the repayment of 1Malaysia Development Bhd (1MDB) debts.
This followed Irwan’s counsel Datuk K Kumaraendran having sent a second representation and Attorney General Tan Sri Idrus Harun, in his directive, asking the prosecution to seek an adjournment of the trial on Monday and for the whole of this month and possibly next month.
“There are a lot of issues raised by Kumaraendran, and the prosecution needed to verify what is mentioned before the AG arrives at his decision,” deputy public prosecutor (DPP) Muhammad Saifuddin Hashim Musaimi said.
The DPP also informed the court that Najib’s counsel Tan Sri Muhammad Shafee Abdullah has also written to seek an adjournment of the trial.
Shafee said he had written to the High Court deputy registrar on March 20.
IPIC settlement
Shafee said the defence got to know there are concrete discussions between the Malaysian government and International Petroleum Investment Company (IPIC) involving the subject matter of this charge.
“The defence has not obtained any details about it and that is why we have asked that this case be adjourned so that the ongoing discussions (between the government and IPIC) could go on smoothly,” he said.
Shafee also said that following the latest development, the defence would also send another representation for determination of the AG, after an earlier one was rejected.
“I hope that a short case management date could be made on the matter,” Shafee said, adding he suggested that the trial, which has been fixed for this month and next month, be vacated.
Furthermore, the senior defence counsel suggested that the prosecution stage of ongoing 1MDB-Tanore trial may end in June.
“For the defence, we may take another eight to 12 months (if defence was called),” he said.
Kumaraendran said they sent a first representation on Feb 18, 2020, but there has not been any feedback. They then sent another representation last month.
In addition, Kumaraendran said they are seeking additional documents in relation to their client’s matter which they had yet to obtain.
“Hence, we apply for a short mention date,” he said.
On Feb 27, IPIC and its subsidiary Aabar Investments PJS (Aabar PJS) agreed to pay the Malaysian government US$1.8 billion.
The settlement was in respect of the legal proceedings in the London Court of International Arbitration and the London High Court.
Following the application by the prosecution on Monday, judge Datuk Muhammad Jamil Hussin said there was no objection by the defence and allowed the adjournment to May 29 for the court to be updated on the representations.
Prior to this, Jamil had on March 2 last year thrown out bids to strike out the CBT charges faced by Najib and Irwan.
On Oct 25, 2018, Najib and Irwan were charged with six counts of CBT for misappropriation of some RM6.64 billion government funds between Dec 21, 2016 and Dec 18, 2017. Part of the monies are said to be slated for certain purposes including the management expenditures of KLIA, and subsidy and cash assistance, reportedly under the Budget 2017 allocation.
It has been reported that the monies were channelled to 1MDB instead, to repay its debts including US$1.2 billion to Abu Dhabi sovereign wealth fund IPIC in April 2017.