KUALA LUMPUR: The Switzerland criminal court never ruled that Low Taek Jho was a "proxy " for incarcerated former prime minister Datuk Seri Najib Razak, the High Court heard yesterday.
Senior lawyer Tan Sri Muhammad Shafee Abdullah, who represented Najib, said the Swiss Federal Criminal Court did not mention any involvement between his client and the fugitive financier in its ruling against two executives of oil exploration company PetroSaudi International Ltd (PSI).
Shafee cited the recent ruling by the Swiss court against Swiss-British national Patrick Mahony and Swiss-Saudi national Tarek Obaid, sentencing them to six and seven years' jail, respectively.
They were found guilty of embezzling more than US$ 1.8 billion (RM7.8 billion) of 1Malaysia Development Bhd (1MDB) investment funds.
According to the prosecution's documents, both executives were accused of defrauding 1MDB of US$1.8 billion with the intent to enrich themselves.
Shafee said it was important to note that the Swiss court had rejected the defence by both accused that Low was a representative of Najib.
"There is evidence that refutes any notion that Najib authorised Low in relation to the joint venture agreement between 1MDB and PSI. This evidence was also presented in this court, through the proceedings of the Public Accounts Committee (PAC).
"Former 1MDB chief executive Datuk Shahrol Azral Ibrahim Halmi, in response to PAC's questions, denied that Low attended 1MDB meetings around 2009 as Najib's representative, clarifying that Low was actually representing Prince Turki.
"Low attended on behalf of PSI, not Najib. Najib could not be represented by Jho Low because he was represented by the board of directors (of 1MDB)."
He said this when presenting his argument on why the court should acquit Najib on abuse of power charges in relation to the 1MDB case before judge Datuk Collin Lawrence Sequerah.
At a press conference after the proceedings, Shafee said the defence would seek ways to use the Swiss court's judgment as part of a judicial notice to further strengthen their case.
In its opening statement on Aug 28, 2019, the prosecution said it would present facts leading to an inference that could not be dismissed on the suggestion that Low and the accused acted as 'one'.
Najib, 71, is facing four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount.
For the 21 charges of money laundering, the former Pekan member of parliament is accused of committing the offences between March 22, 2013, and Aug 30, 2013.
The hearing continues on Sept 10.