KUALA LUMPUR – The high court here has again postponed the trial of Datuk Seri Najib Razak and Tan Sri Mohd Irwan Serigar Abdullah for criminal breach of trust involving RM6.6 billion in government funds due to incomplete documents.
Today was supposed to be the first day of the trial after a postponement on June 4.
Irwan’s lawyer, Datuk Seri K. Kumaraendran, requested an adjournment from judge Datuk Muhammad Jamil Hussin today because the defence team had yet to receive additional documents from the prosecution regarding the case.
He said that the absence of those documents would jeopardise his client’s defence and that a letter to the prosecution requesting the documents was sent yesterday.
Deputy public prosecutor Muhammad Saifuddin Hashim Musaimi informed the court that the prosecution received the letter but said its contents did not request the documents. Instead, the letter was about requesting a postponement for today’s proceedings.
The prosecutor also told the court that the documents requested by the defence involved papers from several government agencies, including the Land Public Transport Agency, cabinet papers, and Energy, Green Technology and Water, which are under the Science, Technology and Innovation Ministry.
The prosecution will need a month to ensure the documents are declassified under the Official Secrets Act 1972 in order to give them to the defence, Saifuddin added.
The court then vacated today’s proceeding as well as 16 other trial dates already fixed for June and early July and ordered the case to begin hearing on July 22.
However, the judge did not let the parties off without a stern warning, saying that he does not want the case to be postponed again.
“Make sure all the necessary documents are given to the defence before the trial starts and make sure nothing is left out.
“I don’t want to hear ‘incomplete documents’ as an excuse for postponement again. The court has postponed trial on June 4 due to this excuse and today’s proceeding is also vacated for the same excuse.
“I don’t want to hear this again,” said Jamil.
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 1Malaysia Development Bhd (1MDB).
However, Aabar Investments PJS never received the funds from 1MDB, as the money had been syphoned off to a company with a similar name, 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 19, 2024
