
In the ongoing 1MDB trial, Datuk Seri Najib Razak’s legal team told the Kuala Lumpur High Court that prosecutors failed to establish any direct link between the former prime minister and the AmIslamic Bank branch cited in the corruption charges.
Defence counsel Wan Azwan Aiman Wan Fakhruddin asserted that the prosecution had not produced a single piece of evidence proving Najib’s physical presence at the AmIslamic Bank on Jalan Raja Chulan or any indication that he used his influence at the location. He contended that this gap undermines the core of the charges, which accuse Najib of abusing his position to receive RM2.3 billion in funds linked to 1Malaysia Development Berhad (1MDB).
The defence argued that each charge included multiple dates, locations, and alleged offences, which they described as “duplicitous” — a term used in law to denote charges combining more than one offence within a single count. Wan Azwan emphasized that such charges are considered invalid under Malaysian law and urged the court to re-evaluate their legality.
He invited the court to review the four corruption charges filed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, arguing that without evidence of Najib’s involvement at the bank branch, a crucial element of the case remains unproven. The defence urged the judge to consider precedents where courts have dismissed similar charges deemed duplicative and unsustainable.
Najib, 72, faces four charges of abusing his position as prime minister to secure RM2.3 billion in gratification through the AmIslamic Bank branch between February 2011 and December 2014. Each charge carries a potential sentence of up to 20 years in prison and a fine amounting to five times the value of the alleged bribe or RM10,000, whichever is higher.
In addition, Najib faces 21 counts of money laundering tied to the same account, allegedly committed between March and August 2013. Those charges fall under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act, which provides for a maximum of five years’ imprisonment and a fine of up to RM5 million, or both.
The defence concluded its case in May after calling 26 witnesses, and the court has allocated nine days starting this week for oral submissions. Najib continues to serve his sentence at Kajang Prison for his conviction in the SRC International case, where his 12-year jail term was halved to six years and his fine reduced from RM210 million to RM50 million following a royal pardon in 2022.
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