KUALA LUMPUR (Oct 30): Despite his defence’s allegations of the involvement of others with regard to the decision making process in state strategic development company 1Malaysia Development Berhad (1MDB), and despite at the time being the prime minister, finance minister, and 1MDB’s sole shareholder, Datuk Seri Najib Razak failed to lodge any police report over the 1MDB scandal when it was uncovered following media reports in 2015.

1MDB-Tanore trial judge Datuk Collin Lawrence Sequerah noted this omission in his decision on Wednesday to order the accused former prime minister to enter his defence at the end of the prosecution’s case, in which Najib has been charged of four counts of abuse of power and 21 counts of money laundering for allegedly receiving gratifications worth RM 2.27 billion. 

This failure contrasts with the then-PM’s actions, in various capacities, of removing key persons or trying to intervene in the investigation process.

“The accused was…. the ultimate decision maker. [Yet] he had also not seen fit to lodge any police reports in respect of the alleged involvement of others,” said the judge.

“Najib also did not instruct (his former aide) Datuk Amhari Effendi Nazaruddin to lodge a police report.

“A consideration of all the evidence showed that the accused had taken such actions in matters in which he had an interest, which were the basic facts necessary to raise presumption under Section 23 (2) of the MACC in respect of the abuse of power charge,” Sequerah added.

Najib and his defence team had accused the management of being in cahoots with fugitive businessman Low Taek Jho (Jho Low), as they had taken instructions from Jho Low in certain decision-making affairs related to 1MDB.

When news broke out in July 2015 over the 1MDB scandal, as alleged by the prosecution and attested by the various witnesses, including MACC investigating officer Nur Aida Arifin, Najib did not lodge a report.

In fact, he had asked then Bank Negara Malaysia (BNM) governor Tan Sri Zeti Akhtar Aziz to clear him.

Sequerah in his judgment said sometime in July 2015, Najib had instructed Zeti to release a statement stating there were no wrongdoings involving the monies that were credited in his accounts.

“However, this was refused by Zeti,” the judge said in finding elements of abuse of power.

Sequerah also noted that while the 1MDB scandal was being exposed in 2015, Najib dismissed then attorney general Tan Sri Abdul Gani Patail, who led the special task force on the investigations, and removed MACC chief commissioner Tan Sri Abu Kassim Mohamed, also disbanding the task force.

“A special task force led by Gani comprising several authorities was formed for the purpose to facilitate and investigate the allegations against 1MDB as well as the transactions of monies deposited into Najib’s account.”

“The task force however was disbanded upon the instructions of the accused on July 27, 2015. Further, there was evidence that Najib had taken steps to cause the removal of the MACC’s chief commissioner (Tan Sri Abu Kassim Mohamad) while the AG who replaced Tan Sri Gani had closed the case,” he said.

In 2016, Sequerah added that Najib had caused the removal of paragraphs containing two versions in the 2014 1MDB report, (that was to be tabled to the Parliament Action Committee), the redacted copy included the removal of Jho Low’s name from the Minutes of the Special Board of directors (BOD) meeting dated Sept 26, 2009.

This Sept 26, 2009, board meeting was chaired by then 1MDB BOD chairman Tan Sri Bakke Salleh, and Bakke did testify on Jho Low’s presence in the meeting and of receiving a phone call from Najib from Jho Low’s handphone asking the board not to object 1MDB’s joint venture with PetroSaudi International that year.

This led to the transfer of the RM5 billion loan given to 1MDB following the issuance of the Islamic Medium Term Loan (IMTN) from Ambank for the joint venture, where a sum of US$700 million entered into Good Star Ltd and another RM300 million entered into the joint venture company 1MDB-PSI.

Good Star is controlled by Jho Low and it was discovered later that the joint venture, which was one of the elements in Najib’s abuse of power charge, was a scam. Subsequently, Bakke, who questioned the transfer of the US$700 million fund to Good Star decided to resign, as did fellow board member the late Tan Sri Azlan Zainol.

It is to be noted that while Sequerah mentioned the 1MDB audit report, Najib was not found guilty of the audit tampering charge, where he was charged together with former 1MDB president Arul Kanda Kandasamy.

The judge also noted the role played by The Edge Media group chairman, Tan Sri Tong Kooi Ong to tell Najib regarding 1MDB’s affairs.

“Tong went to Najib’s house in Jalan Langgak Duta on March 6, 2015, to seek clarification regarding the problems arising regarding the affairs of 1MDB.

“Tong told the accused during this meeting that Jho Low should be held accountable for the diversion of US$700 million to Good Star and should face prosecution but as a response, Najib went to the door and opened it for him to leave,” the judge said.

The trial will continue with Najib taking the stand on Dec 2.

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