Crime & Courts

1MDB Trial: Najib may be clumsy, but he's no criminal, says lawyer

KUALA LUMPUR: The High Court should acquit Datuk Seri Najib Razak from all corruption charges in the 1Malaysia Development Bhd (1MDB) case because he is innocent, the High Court heard today.

Najib's lawyer Tan Sri Muhammad Shafee Abdullah said the defence had presented a very solid argument that all charges levelled against the former prime minister were defective.

"Even in areas where Yang Arif may think that the action (of Najib) is clumsy, but nevertheless, it is not a criminal act.

"I plead to Yang Arif, this is a case where the court has got to do maximum evaluation of the case.

"I urge that no defence ought to be called. Yang Arif must acquit and discharge Najib on all charges.

"Our argument on the charges being defective is extremely strong and Yang Arif ought to consider that claim," he said before presiding judge Datuk Collin Lawrence Sequerah.

The senior lawyer said this when presenting the argument on why the court should acquit the former prime minister on abuse of power charges in relation to the sovereign wealth fund.

Shafee also highlighted that the prosecution failed to demonstrate their contention that fugitive businessman Low Taek Jho or Jho Low is his client's shadow image.

"Low opened accounts all around the world and purchased properties in various places.

"If he were the shadow image, my client would surely have the same accounts overseas as well.

"Why would they take money from here, move it around the world, only to bring it back to Ambank Jalan Raja Chulan?"

He also stressed that the court must also evaluate the testimony of each witness to determine their credibility.

He said all of the evidence provided was merely hearsay, as the witnesses only stated they had spoken with Low and received instructions from him, but no verification was given to support those claims.

However, the prosecution led by deputy public prosecutor Ahmad Akram Gharib refuted this claim as the witnesses' belief that the instructions that they received from Low came directly from Najib.

Sequerah later fixed Oct 30 to deliver his verdict.

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.

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