KUALA LUMPUR – The RM6.6 billion criminal breach of trust (CBT) trial of Datuk Seri Najib Razak and Tan Sri Mohd Irwan Serigar Abdullah, scheduled to begin today, has been postponed to June 19.
High court judge Datuk Muhammad Jamil Hussin granted the postponement after the defence lawyers argued that the prosecution had not provided all the necessary documents for the trial.
He said that two weeks is more than sufficient for both parties to align the documents needed and that they should have participated in a pre-trial conference to ensure such mishaps would not happen, as stipulated under 172(a) of the Criminal Procedure Code.
The defence lawyers claimed that the lack of documents would hinder their ability to prepare a proper defence for their clients.
Datuk K. Kumaraendran, representing Irwan, mentioned that they are still cross-checking 48 witness statements provided by the prosecution to ensure all necessary documents are included.
However, he noted that as of today, hundreds of documents referenced in these statements, such as memos from the Finance Ministry and Ministry of Finance Inc, as well as minutes from cabinet meetings, are missing from the bundles given to them.
“Unless the documents were given to us, we have not prepared our defence.”
Meanwhile, Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, said this matter will trigger a lot of adjournment if the trial were to continue today.
“So, unless and until we see how the prosecution narrates their case through the document, we will not be able to see our defence in the clearest light.
“Although we have a very good idea of the defence, the detail of the navigation of our defence is very much dependent on the prosecution proving their case through the document.”
Deputy public prosecutor Muhammad Saifuddin Hashim Musaini did not oppose the defence’s request for an adjournment.
However, he noted that the prosecution had sent relevant documents to the defence in four stages from 2018 to 2021.
“Kumaraendran has given me a list this morning, stating that they have cross-checked 22 out of 48 witness statements given and listed the documents they needed.
“I admit that there are a lot of documents required for this case. So we (the prosecution) will also have to cross-check our documents (with the defence’s lists) to see which documents have been served and which have not, and if these documents are included in our bundles or otherwise.”
Najib and Irwan were charged in October 2018 for committing offences at the Finance Ministry’s complex in Putrajaya between December 21, 2016, and December 18, 2017.
They face six counts under Section 409 of the Penal Code, which carries a maximum penalty of 20 years in prison, whipping, and a fine upon conviction.
They submitted a representation letter to the Attorney-General’s Chambers in March 2022 to have the charges reviewed.
This letter was dismissed, leading them to submit another representation letter. The court also struck out their application for a discharge not amounting to an acquittal for all charges.
The accusations involve payments to a subsidiary of International Petroleum Investment Co (IPIC), Aabar Investments PJS, negotiated while Najib was the prime minister and finance minister overseeing 1MDB.
However, Aabar Investments PJS never received the funds from 1MDB, as the money had been syphoned off to a similarly named company, Aabar Investments PJS Ltd, created by fugitive businessman Low Taek Jho.
In 2017, IPIC pursued arbitration at the London Court of International Arbitration, seeking payment of US$5.78 billion (RM27.2 billion) from Malaysia. In 2018, Malaysia challenged this move, citing fraud.
In November 2022, the London court ruled that Malaysia could pursue its case against IPIC and Aabar Investments PJS.
In February last year, IPIC and its subsidiary, Aabar Investments PJS, agreed to pay US$1.8 billion to Malaysia as a settlement for the case. – June 4, 202
