KUALA LUMPUR: The defence lawyers for Datuk Seri Najib Razak maintain that the former prime minister did not abuse his position in 1Malaysia Development Bhd (1MDB), countering the prosecution's narrative.
In a statement, Messrs Shafee & Co claimed that throughout the six-year trial, the prosecution alleged that 1MDB's board decisions were influenced or compelled by Najib. This theory, they said, was supported by several prosecution witnesses.
"For instance, 1MDB directors at the time distanced themselves from corporate responsibilities, claiming their decisions were compelled by Najib's top-down approach. They argued that projects and proposals were only executed after receiving Najib's written approval," the law firm said.
The firm argued that during oral submissions, the undisputed evidence showed no abuse of position by Najib. It said that his decisions often followed proposals or resolutions made by others, such as cabinet ministers, board members, or the Terengganu Menteri Besar.
The firm cited significant time gaps between proposals and Najib's approvals, ranging from 8 to 794 days, with an average of 197 days. A table was provided detailing these time lapses in relation to Najib's purported actions.
Regarding allegations that Najib abused his power to secure a government guarantee for Terengganu Investment Authority (TIA), the firm said that the initial request came from former Prime Minister Tun Abdullah Ahmad Badawi on Dec 12, 2008. Najib, then finance minister, presented the cabinet's directive 110 days later, on April 1, 2009.
In another instance, the firm pointed to a 419-day gap between 1MDB's board authorising additional Murabaha Financing for 1MDB PetroSaudi on March 22, 2010, and Najib's approval on May 16, 2011.
The table also listed the alleged approval of a US$300 million bridge financing facility from Deutsche Bank AG. The proposal was first discussed on March 19, 2012, but Najib's approval came 794 days later on May 22, 2014, with no signed documents confirming his involvement.
Najib, 71, faces four charges of using his position to obtain RM2.3 billion in bribes from 1MDB and 21 charges of money laundering involving the same amount, allegedly committed between March 22 and Aug 30, 2013.