KUALA LUMPUR (March 26): The High Court here today fixed May 20, 2021 to hear ex-Prime Minister Datuk Seri Najib Razak's application to compel the Malaysian Government to provide banking documents of firms controlled by Bank Negara Malaysia (BNM) ex-governor Tan Sri Dr Zeti Akhtar Aziz’s family and Low Taek Jho as the documents are deemed crucial to Najib’s defence against his ongoing 1Malaysia Development Bhd (1MDB)-Tanore trial.
Mardhiyah Siraj, who is a lawyer in Najib’s defence team comprising lawyers from Messrs Shafee & Co, told theedgemarkets.com today that High Court Judge Collin Lawrence Sequerah had during case management today instructed the prosecution to file its reply by April 26 to Najib's affidavit, which is intended to support his discovery application.
In legal context, a discovery application refers to a request for parties in a legal action to disclose each other's documents, which are deemed to be linked to a subject matter in a case.
Tan Sri Muhammad Shafee Abdullah is leading the defence team in Najib’s 1MDB-Tanore trial where Najib is facing 25 charges linked to abuse of power and money laundering over hundreds of millions of dollars received in his personal bank account. It was reported that the charges included four counts of abuse of power involving RM2.28 billion in 1MDB funds.
Today, Mardhiyah said: "The deputy public prosecutor (DPP) asked for two months [to reply], but the judge indicated it's too long, so a month should be sufficient. Tan Sri Shafee and the DPP agreed.”
According to her, Sequerah had also today instructed the prosecution and defence to file their respective written submissions on May 17, 2021 prior to the May 20, 2021 hearing.
On Wednesday (March 24), it was reported that Muhammad Shafee informed the High Court on that day that he had filed the discovery application on behalf of Najib.
It was reported that Muhammad Shafee had also filed the affidavit by Najib to support the discovery application.
According to news reports, Najib’s discovery application aims to compel the government to provide banking documents of Aktis Capital Singapore Pte Ltd, Country Group Securities PCL, ACME Time Ltd (BVI), Butamba Investments Ltd and Central Holdings Ltd. It was reported that these companies were linked to Low, who is also known as Jho Low, the alleged mastermind in the 1MDB scandal.
It was reported that Najib is also seeking banking documents from Iron Rhapsody Ltd, Cutting Edge Industries Ltd and law firm Shearman & Sterling LLP.
According to news reports, Najib also claimed that it was reported in the media that bank documents of Iron Rhapsody and Cutting Edge Industries were made available to BNM.
It was reported that these companies were controlled by Zeti’s husband Datuk Dr Tawfiq Ayman and their children Alif and Aziz.
News reports indicated that Najib claimed that Tawfiq, Alif and Aziz were reported to have signed statutory declarations (SDs) to relinquish their claims on funds in Iron Rhapsody and Cutting Edge Industries.
News reports alleged that the funds, amounting to some RM100 million, were transferred from bank accounts linked to Low.
It was reported that Zeti had denied the allegations and said she will not be able to make any further comments on the matter because she was a potential witness in Najib’s trial.
It was reported that Najib claimed that the banking documents he is seeking are critical to his defence against his ongoing 1MDB-Tanore trial as Zeti was BNM governor in 2015 and 2016 when the information on the fund transfer was relayed to the Central Bank by the Singapore police.
On March 3, 2021, news reports, quoting Bukit Aman Commercial Crime Investigation Department director Datuk Zainuddin Yaacob’s statement, reported that the police are investigating Tawfiq under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and Mutual Assistance in Criminal Matters Act 2002.
According to news reports on Sept 20, 2018 regarding the 1MDB-Tanore trial, Najib on that day pleaded not guilty to 25 charges linked to abuse of power and money laundering over hundreds of millions of dollars received in his personal bank account.
It was reported that the charges included four counts of abuse of power involving RM2.28 billion in 1MDB funds. News reports indicated that prosecutors also charged Najib with 21 counts of money laundering.
The list included nine counts of receiving illegal proceeds, five counts of using illegal proceeds and seven counts of transferring the proceeds to other entities.
"Prosecutors, describing the abuse of power charges, said Najib used his position as Prime Minister, Finance Minister and chairman of 1MDB to obtain funds totalling about RM2.3 billion between 2011 and 2014.
"The money laundering charges describe how Najib received RM2.1 billion from Tanore Finance Corp, which US authorities have said was used to siphon money from 1MDB," CNA reported on Sept 20, 2018.
As such, Najib’s trial has been referred to as the 1MDB-Tanore trial, which is being heard before Sequerah till today.