New rule under MACC Act just for Najib, a baseless claim, says DPP

Justice Collin Lawrence Sequerah has set Oct 30 to deliver his decision on whether former Prime Minister Najib Razak will be called to enter his defense or be acquitted from all 25 charges in relation to 1MDB funds. (Bernama pic)

KUALA LUMPUR: The prosecution in Najib Razak’s trial for the alleged misappropriation of RM2.28 billion in 1MDB funds refuted claims by his defense that Section 41(A) of the Malaysian Anti-Corruption Commission (MACC) Act was established solely to prosecute the former prime minister.

Deputy public prosecutor Ahmad Akram Gharib said the contention by Shafee Abdullah that the section was enacted and came into force in October 2018 just to politically persecute Najib was careless and baseless.

“That is totally untrue. The section was tabled in the Dewan Rakyat on April 14, 2018 by the then deputy minister in the prime minister’s department Razali Ibrahim.

“On April 14, 2018, Najib was still the prime minister and Razali was a member of his Cabinet,” Akram said.

He said Section 41(A) of the MACC Act was later enforced on Oct 1, 2018.

“Therefore, to say that it was only enacted after Najib was no longer the prime minister is totally untrue. That is my argument and the rest I will put in my three-page submission,” he said.

Section 41(A) of the MACC Act states that if the commission obtains any document or a copy of any document under this Act, the document shall be admissible in evidence in any proceedings under the Act, notwithstanding anything to the contrary in any other written law.

The section in question was raised during the trial in relation to an audio recording of a conversation between the former prime minister and a United Arab Emirates leader.

Today, Justice Collin Lawrence Sequerah set Oct 30 to deliver his decision on whether the former prime minister will be called to enter his defense or be acquitted from all 25 charges in relation to 1MDB funds.

This marks the end of the prosecution’s case, which has stretched over five years.

Najib, 71, faces four charges of abusing his position to obtain RM2.28 billion in 1MDB funds into his accounts at the AmBank branch on Jalan Raja Chulan between Feb 24, 2011 and Dec 19, 2014.

He also faces 21 money laundering charges involving the same amount at the same bank between March 22, 2013 and Aug 30, 2013.

Najib is charged under Section 23(1) of the MACC Act 2009 and Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act.