KUALA LUMPUR: Datuk Seri Najib Razak said the United States government obstructed his efforts to obtain crucial evidence needed for his defence in his 1Malaysia Development Bhd (1MDB) corruption trial, the High Court heard.
The former prime minister said the evidence included critical documents from the Goldman Sachs Group, Inc and testimony of rogue banker Tim Leissner, the company's former Southeast Asia head.
"I filed a petition in the United States District Court for the Southern District of New York seeking a court ruling to issue subpoenas to Leissner and the Goldman Sachs Group, Inc to obtain testimony and documents critical for my defence in the ongoing criminal proceedings in Malaysia," he said.
"This evidence is essential to challenge the credibility of key witnesses, including certain 1MDB officials testifying against me but are themselves alleged to have received bribes and kickbacks.".
Najb, 71, said this in his witness statement while defending himself against charges of abuse of power and money laundering involving RM2.3 billion of 1MDB funds.
He said his petition was granted by US district judge Katharine H. Parker as the respondents in the application reside within the court's jurisdiction and that the discovery is intended for use in a foreign proceeding.
"Additionally, the court determined that the Malaysian legal system would be receptive to the proposed discovery, as it would assist in the administration of justice.
"However, the US government intervened in the proceedings after the Goldman Sachs Group, Inc requested an extension to comply with the subpoena on Feb 9, 2021.
"The US government intervened in the proceedings by filing multiple motions, including a motion to intervene and stay the proceedings, a motion to seal, and their respective supporting memoranda.
"The government argued that it had a substantial interest in protecting the integrity of ongoing criminal cases against Goldman Sachs, Low Taek Jho (who was at large), Ng Chong Hwa and Leissner," he said.
Najib said his lawyers argued against granting the stay requested by the US government by emphasising the significant prejudice he would face if discovery were delayed.
He said on May 7, 2021, US magistrate Katharine H. Parker granted the US government's motion to intervene and stay the proceedings.
"The court concluded that a stay was warranted given the significant overlap between the issues in my civil discovery request and the ongoing criminal proceedings in the Eastern District of New York involving Low and Roger Ng.
"This decision effectively delayed access to the requested evidence, adding further challenges to my efforts to secure critical materials for my defence," he said, adding that without the exculpatory evidence, he was left to face prosecution with his hands tied.
Najib said he believed that the US Justice Department was highly protective of this exculpatory evidence as it would directly counter the wild allegations made in its forfeiture actions in 2016.
"I also believe this forfeiture action was politically motivated and orchestrated as part of a collaboration between the United States Democratic Party and the then opposition party in Malaysia to effect a regime change in Malaysia.
"I further believe that this collaboration was the key motive in obstructing my access to the exculpatory evidence as it would undermine their narrative and expose the untruths in their allegations against me."
Najib faces four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of laundering involving the same amount.
The trial before presiding judge Datuk Collin Lawrence Sequerah continues.