Appeal against Najib and Arul Kanda thrown out after prosecution goofs

Former premier Najib Abdul Razak and 1MDB former CEO Arul Kanda Kandasamy remain acquitted of charges of abuse of power involving alleged tampering with the 1MDB audit report.

This follows a Court of Appeal decision this morning to strike out the prosecution’s move to initiate an appeal against the duo's acquittals after the prosecution had failed to file their petition of appeals within the time required by law.

Court of Appeal judge Hadhariah Syed Ismail, who led the three-member bench, said the prosecution initially had until July 6 to file their petition of appeals, and since then instructed to request for a time extension.

"But that was not done. So today we make an order for the two notices of appeals to be struck out.

"We follow the law," said Hadhariah.

She then cited Section 53(1) from the Courts of Judicature Act 1964 and 53(3) of the same Act in regard to time provisions to file petitions of appeal, and how a lapse will result in the notices being struck out barring any time extensions granted.

Not excuse for being late

Earlier, deputy public prosecutor Yusaini Amer Abdul Karim had requested for the court to grant more time to file the petitions of appeal.

Yusaini argued that since the charges were on matters of public interest, prosecutors would require more time to review the grounds of acquittals before filing their appeal of petitions.

Hadhariah, however, said with prior instructions given during three previous case management sessions, the last on Aug 30, there should be no excuse for not filing the petitions on time.

"You cannot create your own timeline," she said.

Najib's counsel Shafie Abdullah (above), in raising objections to the request, stressed that the prosecution was given enough time since the initial July 6 deadline.

"Here we are dealing with an acquittal [...] The public prosecutor has no reason to file late.

"This shows their lack of intent to proceed," said Shafie.

Met by reporters later, Arul Kanda said the decision today has vindicated him.

"In the high court, the defense was not even called, there was no prima facie case.

"And I think that shows the strength of the position we have adopted and I think with this certainty today given by the Court of Appeal, which correctly enforced the law, I feel we have been vindicated and it’s time for me and my family to move on," he said.

1MDB former CEO Arul Kanda Kandasamy

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.

Meanwhile, Arul Kanda was charged with abetting Najib in making the amendments. - Mkini