In light of the court's recent decision to grant Deputy Prime Minister Ahmad Zahid Hamidi a discharge not amounting to an acquittal (DNAA) in the Yayasan Akalbudi corruption case, public attention has turned to the outcome of other major high-profile court battles involving politically linked personalities.
Within a few years of the historic 14th general election in 2018, several prominent political personalities have been hauled to the criminal court, with some of these cases ongoing while others resulted in either DNAA or discharge amounting to an acquittal (DAA).
Malaysiakini takes a look at where these personalities are now in relation to the court cases.
Najib’s RM42m SRC corruption case
Since Aug 23 last year, former prime minister Najib Abdul Razak has been serving a 12-year jail sentence over a corruption case linked to RM42 million of funds from SRC International, a former subsidiary of sovereign wealth fund 1MDB, which was fully transferred to the Minister of Finance Incorporated (MOF Inc).
In 2020, the Kuala Lumpur High Court convicted Najib over one count of abuse of power, three counts of criminal breach of trust (CBT), and three counts of money laundering.
The former finance minister’s appeal was rejected by the Court of Appeal and Federal Court, with the apex court denying his review bid earlier this year.
Najib also used to be SRC’s adviser emeritus and chairperson of 1MDB’s board of advisers.
Najib’s RM2.28b 1MDB corruption case
Since being first charged in November 2018, Najib is still undergoing the prosecution stage of trial for a corruption case involving RM2.28 billion from troubled 1MDB.
The trial is set to resume on Sept 18 before the Kuala Lumpur High Court, with Bank Negara Malaysia analyst Adam Ariff Mohd Roslan expected to continue his testimony.
In the course of the trial, the 47th prosecution witness has testified, among others, that Najib’s two accounts received RM2.28 billion of 1MDB proceeds in four phases between 2011 and 2014.
Najib is facing four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion from 1MDB.
Najib’s 1MDB audit report tampering case
Najib, however, was dealt a more fortunate outcome on March 3, when the Kuala Lumpur High Court acquitted him in an abuse of power case involving the alleged amendment to the 1MDB audit report.
According to the single charge, he was accused of having used his then-prime ministerial position to order amendments to the fund’s final audit report before it was presented to the Public Accounts Committee (PAC), to prevent any action against him.
The criminal court also acquitted co-accused former 1MDB CEO Arul Kanda Kandasamy, who was facing one count of abetting Najib in the amendment.
Arul Kanda was also the star witness who testified for the prosecution against Najib.
The prosecution then filed a notice of appeal to the Court of Appeal against both men’s acquittal.
However, recently the legal teams for both Najib and Arul Kanda revealed that the prosecution has not filed a petition of appeal for the matter.
The Court of Appeal has set Sept 12 for open-court case management for the prosecution to update on the status of their appeal.
Another Najib SRC case
Before the Kuala Lumpur High Court, Najib also faced a separate criminal case, namely the money laundering case involving RM27 million of funds from SRC.
However, this third criminal court case against him has been deferred multiple times since 2019, to make way for the disposal of other cases against Najib, such as the RM2.28 billion 1MDB case.
The former Pekan MP has also recently sent a letter of representation for the Attorney-General’s Chambers (AGC) to review the case.
Under the law, a letter of representation is a method for an accused to seek prosecutors to review the criminal case against him, such as dropping the charges or for the accused to plead guilty to a lesser charge.
Najib-Irwan Serigar’s IPIC case
Before the Kuala Lumpur High Court, Najib is also facing six charges of criminal breach of trust (CBT) involving RM6.6 billion of funds linked to the International Petroleum Investment Company (IPIC).
Previously, trial judge Muhammad Jami Hussin dismissed a bid by him and co-accused, former Treasury secretary-general Mohd Irwan Serigar Abdullah, to be given DNAA.
The duo sought the DNAA as the trial has not yet started in the case despite them being first charged in court in December 2018.
However, both Najib and Irwan have also sent representations seeking an AGC review of their case.
Under the law, an accused granted DNAA may be recharged for the same offence in future if the prosecution wishes to do so, unlike a full acquittal.
Rosmah’s solar graft case
On Sept 1 last year, the Kuala Lumpur High Court convicted Rosmah Mansor in a corruption case linked to the RM1.25 billion solar hybrid energy project for 369 rural schools in Sarawak.
The criminal court had imposed a 10-year jail sentence and RM970 million fine on the wife of incarcerated Najib, over three charges, one for soliciting RM187.5 million and two counts of receiving RM6.5 million in bribes.
However, she has a pending appeal at the Court of Appeal against this verdict.
Rosmah’s RM7m money laundering case
Before the Kuala Lumpur High Court, Rosmah also has an ongoing criminal trial involving alleged money laundering and tax evasion involving RM7 million.
She faces 12 money laundering counts involving RM7,097,750 and five charges of failing to declare her income to the Inland Revenue Board (IRB).
She allegedly committed the offences between April 30, 2014, and 2018. She was first charged in December 2018.
The trial before judge K Muniandy began on Aug 24, with the prosecution’s opening statement claiming that she made large bank deposits despite not being gainfully employed.
However, the criminal court has set Dec 13 to hear her bid to nullify the money laundering and tax evasion charges.
Zahid’s Foreign Visa System case
On Sept 23 last year, the Shah Alam High Court acquitted Zahid of 40 charges linked to the Foreign Visa System (VLN)
Thirty-three counts were for allegedly receiving bribes amounting to SG$13.56 million (RM43.6 million), and seven charges over purportedly obtaining SG$1.15 million, RM3.125 million, 15,000 Swiss francs (RM70,000) and US$15,000 (RM68,000).
The case involved a contract to operate the one-stop centre service in China and the VLN system, as well as to maintain its contract with the Home Ministry to supply the VLN integrated system.
Prosecutors have a pending appeal before the Court of Appeal to reverse the acquittal.
However, Zahid has issued a representation for the AGC to drop the appeal and let the acquittal stand.
Zahid’s Yayasan Akalbudi case
On Monday, prosecutors applied to withdraw the 47 charges against Zahid during the defence stage of a corruption trial involving tens of millions of ringgit from Yayasan Akalbudi.
This led to the Kuala Lumpur High Court granting DNAA to Zahid.
First charged in 2018, Zahid was ordered to enter his defence on Jan 24 last year, over 12 CBT counts, eight corruption charges, and 27 money laundering counts.
Bung, Zizie’s RM2.8m graft case
Kinabatangan MP Bung Moktar Radin and his wife Zizie Izette Abdul Samad succeeded in their legal bid to overturn the prima facie (answerable) ruling against them in a RM2.8 million corruption case linked to Felcra Bhd approval to invest RM150 million in unit trusts.
On Thursday, the Kuala Lumpur High Court allowed the couple’s criminal revision application to nullify the Sessions Court decision to order them to enter their defence to the three charges faced by the duo respectively.
Azlan Man’s RM1.185m false claims, money laundering case
Former Perlis menteri besar Azlan Man faces 10 charges involving RM1.185 million in false claims and money laundering, linked to his trip to the United Kingdom.
However, the politician’s legal team has indicated their intent to file representation to the AGC to review the charges.
Shahrir Samad’s RM1m money laundering case
Former Felda chairperson Shahrir Samad was among those who were granted a full acquittal in a money laundering case involving RM1 million from former premier Najib.
On Jan 5, the Kuala Lumpur High Court allowed the defence team’s application for the accused to be granted full acquittal.
This followed the prosecution seeking to withdraw the case and for the criminal court to issue DNAA against Shahrir.
The accused was facing one count of money laundering by not declaring the RM1 million to the IRB.
Ku Nan’s RM1m corruption case
Former federal territories minister Tengku Adnan Mansor (Ku Nan) was another political personality who was released on DNAA, in relation to a RM1 million corruption case.
On Dec 7, 2020, the Kuala Lumpur High Court granted DNAA, following the prosecution seeking to withdraw the single charge of receiving the sum.
Prosecutors that day cited new developments in the case involving one of the witnesses.
Previously in 2019, businessperson Tan Eng Boon had pleaded guilty to an alternative charge of abetting Tengku Adnan to commit the offence, and was fined RM1.5 million.
Ku Nan’s RM2m graft case
On July 16, 2021, the Court of Appeal quashed Tengku Adnan’s corruption conviction.
The former Putrajaya MP was appealing against the Kuala Lumpur High Court verdict on Dec 21, 2020, which convicted him of accepting RM2 million in his capacity as a then public servant.
The lower court had imposed a 12-month jail term and RM2 million fine, which was then overturned by the appellate court.
Faiz Fadzil’s outrage of modesty case
After being charged with outraging the modesty of a woman in 2019, the Shah Alam Magistrate’s Court on Thursday granted DNAA to former Permatang Pasir assemblyperson Muhammad Faiz Fadzil.
The criminal court made the ruling following the prosecutors’ application to withdraw the single charge under Section 354 of the Penal Code, after the AGC had accepted the accused’s representation.
Guan Eng’s RM6.3b Penang undersea tunnel case
Before the Kuala Lumpur Sessions Court, former Penang chief minister Lim Guan Eng is on trial over four charges in relation to the RM6.3 billion Penang Undersea Tunnel Project.
On July 21 during cross-examination by the legal team for Lim, a prosecution witness testified that RM2 million given to businessperson G Gnanaraja in 2017 was meant to help company executives get close to then-premier Najib and obtain future projects.
Guan Eng’s bungalow graft case
Before the Penang High Court, Bagan MP Lim faces a graft case involving one corruption charge over his alleged help to secure a project for a company.
Businessperson Phang Li Koon was charged with one count of abetting him in the offence.
Lim’s wife, Betty Chew Gek Cheng, was also charged with three counts of money laundering.
However, these cases - which are still in the prosecution stage - have yet to proceed to full trial.
Lim, Chew and Phang have since filed applications to nullify the charges.
Syed Saddiq’s RM1.12m misappropriation case
Meanwhile, Muda president Syed Saddiq Syed Abdul Rahman is still waiting for the Kuala Lumpur High Court to set a date to deliver its verdict in a misappropriation case involving RM1.12 million of funds from Bersatu Youth when he was part of that party.
The accused’s defence team closed its case on March 14.
On Oct 28, Syed Saddiq was ordered to enter his defence over four charges. - Mkini
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