1MDB audit tampering case: Najib, Arul acquitted
KUALA LUMPUR - The High Court today acquitted former prime minister Datuk Seri Najib Razak and former 1Malaysia Development Bhd (1MDB) chief executive officer (CEO) Arul Kanda Kandasamy of the 1MDB audit report tampering charges, seven years ago.
Trial judge Mohamed Zaini Mazlan (now Court of Appeal judge) made the decision after finding that the prosecution had failed to prove a prima facie case against the duo.
This meant that both the accused were freed of the charges without having their defence called.
The former Pekan MP and Arul Kanda who were clad in black suits looked happy as they heard the verdict.
Najib then exited the dock and hugged his daughter Nooryana Najwa and wife Datin Seri Rosmah Mansor who were at the public gallery.
Najib, 70, was charged with abusing his power to instruct the amendments to the parliamentary Public Accounts Committee's final audit report on 1MDB to prevent criminal or civil action against him.
Meanwhile, Arul, 46, was charged with abetting Najib.
The offences were allegedly committed at the Prime Minister’s Department in Putrajaya between Feb 22 and Feb 26, 2016.
The charges were framed under Section 23 (1) of the Malaysian Anti-Corruption Commission Act 2009 which carries a maximum of 20 years' jail, and a minimum fine of RM10,000 or five times the amount of such gratification, whichever is higher, upon conviction.
The prosecution was previously conducted by the late senior deputy public prosecutor Datuk Seri Gopal Sri Ram.
However, the 79-year old former federal court judge died on Jan 29.
Deputy public prosecutor Ahmad Akram Gharib and Mohamad Mustapa P Kunyalam conducted the prosecution.
Lawyer Tan Sri Muhammad Shafee Abdullah represented Najib while Arul Kanda was represented by lawyer Datuk N. Sivananthan.
Najib is still facing three more court cases including the trial over the misappropriation of RM2.3 billion funds from 1MDB which was at the prosecution stage.
A total of 44 prosecution witnesses have been called to testify in the case so far.
The two other cases were for criminal breach of trust involving RM6.6 billion over payment to the International Petroleum Investment Company (IPIC) and money laundering involving SRC International Sdn Bhd funds involving RM27 million.
These cases were at the case management stage.
Najib is currently serving his 12-year jail sentence at the Kajang prison after he lost in his final appeal at the Federal Court to set aside his conviction, jail sentence and fine over the misappropriation of RM42 million funds belonging to SRC International.
