PUTRAJAYA, Dec 26 (Bernama) -- The trial judge in the RM2.3 billion 1Malaysia Development Berhad (1MDB) case against Datuk Seri Najib Tun Razak has found that an unequivocal nexus existed between the former prime minister and fugitive financier Low Taek Jho (Jho Low), as evidenced from multiple witness testimonies presented during the trial.
This key finding was delivered by former High Court Judge Datuk Collin Lawrence Sequerah, who has since been elevated to the Federal Court, as he read his judgment in the landmark case.
In his ruling, Justice Sequerah pointed to the testimony of the ninth prosecution witness, former 1MDB chief executive officer Datuk Shahrol Azral Ibrahim Halmi, who testified that Jho Low had acted as the principal orchestrator of 1MDB projects on Najib’s behalf.
"Another witness, the 15th prosecution witness, former 1MDB chairman Tan Sri Mohd Bakke Salleh, testified that Jho Low acted as a conduit between the board and the accused, with management taking instructions outside the board,” Justice Sequerah said.
The judge added that the prosecution presented compelling evidence showing that Jho Low managed the former prime minister’s affairs in 1MDB and also oversaw his personal bank accounts at AmBank.
"Several witnesses described the nature of the relationship between the accused and Jho Low regarding 1MDB matters, with many having direct interactions with him. Taken together, these pieces of evidence reveal an unmistakable bond between the accused and Jho Low,” he said.
Justice Sequerah noted that certain individuals, including Jho Low and Nik Faisal Ariff Kamil (another former 1MDB CEO), could not be located, and thus subpoenas could not be served.
The judge dismissed Najib’s claim that he was misled by 1MDB’s management, noting that he was not a country bumpkin, and as the then prime minister, finance minister, and chairman of 1MDB's board of advisers, he was fully apprised of the company's affairs.
Justice Sequerah further dismissed Najib’s assertion that he was solely focused on managing the country, emphasising that he had instructed Jho Low to accompany his former aide, Datuk Amhari Effendi Nazaruddin, on trips to Abu Dhabi and China.
“The inference here is that Jho Low acted as Najib’s proxy, conduit and agent. The argument by the defence that Najib was misled by the 1MDB management is unmeritorious,” he said.
The court is now adjourned for Friday prayers and will resume at 3 pm.
Najib, 72, faces four charges of using his position to obtain RM2.3 billion in bribes from 1MDB funds through the AmIslamic Bank Berhad branch on Jalan Raja Chulan between Feb 24, 2011, and Dec 19, 2014.
These charges were brought under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, which carries up to 20 years imprisonment and a fine of either five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
As for the additional 21 counts of money laundering, he is accused of committing the offences at the same bank between March 22, 2013, and Aug 30, 2013.
These charges were framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of five years' imprisonment, a fine of up to RM5 million, or both, upon conviction.
-- BERNAMA