1MDB audit: Prosecution's appeal defective - Najib's lawyer

 

Najib Abdul Razak’s legal team has contended that the prosecution’s appeal in the 1MDB audit case against the former prime minister is defective.

This is because prosecutors have not filed a petition of appeal in the case, which also involved 1MDB’s former CEO Arul Kanda Kandasamy.

Najib and Arul Kanda’s lawyers confirmed that the prosecution has yet to file the petition of appeal, following prosecutors filing the notice of appeal on March 9.

Earlier on March 3, the Kuala Lumpur High Court acquitted the duo of abuse of power involving the audit of the sovereign wealth fund.

Najib’s counsel Alaistair Brandah Norman - alongside lead counsel Muhammad Shafee Abdullah and Muhammad Farhan Muhammad Shafee during Court of Appeal case management of the appeal today - confirmed that the prosecution had not filed the appeal petition.

“Regarding the 1MDB audit appeal, this matter has now been fixed for another case management on Aug 30 either before the deputy registrar or the panel of the Court of Appeal, as we have taken the position that the appeal is defective,” Alaistair told Malaysiakini.

Arul Kanda Kandasamy

When contacted, Arul Kanda’s counsel N Sivananthan - who attended the case management today - also confirmed the Aug 30 date for the next case management.

Under the law, following the filing of an appeal notice, the appellant-prosecution must file the petition of appeal within 10 days of the High Court preparing the records needed for the appellant’s appeal.

However, it should be noted that the prosecution also has the option of filing an application for an extension to file the appeal petition.

Malaysiakini is attempting to reach out to the prosecution over the matter.

Acquittal

On March 3, trial judge Mohamed Zaini Mazlan discharged and acquitted former finance minister Najib and Arul Kanda, after the court ruled that the prosecution had failed to prove a prima facie (answerable) case against the duo.

Najib was charged with using his position as then-prime minister to order amendments to 1MDB’s final audit report before it was presented to the Public Accounts Committee (PAC) in 2016 to prevent any action against him.

Arul Kanda was charged with abetting Najib in making the amendments.

The former Pekan MP is serving a 12-year jail sentence over a separate corruption case involving RM42 million of funds from SRC International.

Najib also has three other pending criminal court cases, namely the RM2.28 billion 1MDB corruption trial, a separate SRC International money laundering case involving RM27 million, and an RM6.6 billion International Petroleum Investment Company (IPIC) criminal breach of trust case. - Mkini