The prosecution in former prime minister Datuk Seri Najib Razak’s 1Malaysia Development Berhad (1MDB) trial argued that no amount of good faith could legitimise the use of illegally obtained money. Prosecutors told the High Court that Najib’s claim of using the funds in his bank account for political or social causes was irrelevant since the money itself originated from criminal activities linked to 1MDB.
Deputy public prosecutor Datuk Kamal Baharin Omar stated that under Malaysia’s anti-money laundering laws, the intent behind spending tainted funds carries no weight once it is proven that the money came from an unlawful source. He emphasised that “good faith use cannot cleanse tainted money,” asserting that Najib’s actions still constituted a criminal offence regardless of how the funds were spent.
Najib has been accused of receiving over RM2 billion of misappropriated 1MDB funds into his personal accounts, though he maintains that the deposits were legitimate donations from Saudi Arabia. During the trial, he also admitted to issuing five cheques amounting to RM22.6 million but argued that the money was not “tainted,” claiming it was used for political and welfare initiatives.
Kamal Baharin dismissed this reasoning, saying that it was sufficient for Najib to have known—or at least suspected—that the funds were derived from illegal activity. He explained that any transaction involving such money falls squarely within the definition of money laundering under Malaysian law. The prosecutor added that Najib’s defence of noble intent could not absolve him of liability once the criminal origin of the funds was established.
The prosecution also reiterated that Najib’s narrative of receiving donations from Saudi royalty lacked credibility. They contended that the alleged donations were a cover story designed to mask the transfer of public funds from 1MDB into Najib’s personal accounts.
Najib currently faces 25 charges, including four for abuse of power and 21 for money laundering involving over RM2 billion linked to 1MDB. These charges encompass nine counts of receiving US$681 million, five counts of sending out US$620 million, five counts for issuing cheques totalling RM22.6 million, and two counts of transferring funds between his own accounts.
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