Najib fails in bid to quash 1MDB audit report tampering charge

The Kuala Lumpur High Court today dismissed Najib Abdul Razak's application to strike out the charge of tampering with the 1Malaysia Development Berhad (1MDB) final audit report, a charge he is facing with 1MDB former chief executive officer Arul Kanda Kandasamy.

Judge Mohamed Zaini Mazlan made the decision after finding that the charge against Najib, 67, was not misleading as alleged by the former premier.

"The grounds given by the applicant (Najib) should only be considered at the end of the prosecution case. It's premature for the court to consider the grounds (to strike out charge) at this stage," he said.

Najib applied to be acquitted and discharged from the charge of tampering with the 1MDB audit report as he claimed the charge was groundless and oppressive.

The Pekan MP is on trial for using his position to order amendments to the 1MDB final audit report that had already been “finalised” by the auditor-general before it was “finalised again” and presented before the Public Accounts Committee (PAC) to avoid any action being taken against him.

Najib allegedly committed the offence at the Prime Minister's Department Complex at the Federal Government's Administrative Centre, Putrajaya between Feb 22 and 26, 2016.

He is charged under Section 23 (1) of the MACC Act 2009, which provides a jail term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher.

Meanwhile, Arul Kanda, 44, is charged with abetting Najib in making amendments to the report to protect the former finance minister from being subjected to disciplinary, civil or criminal action in connection with 1MDB, at the same place and time and in accordance with Section 28 (1) (c) of the MACC Act 2009 read with Section 23 (1) & 24 (1) of the same act which provides for similar punishment. - Bernama