Thursday 18 Apr 2024
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Nordin, who was flanked by judges Datuk Wira Ahmad Nasfy Yasin and Datuk Seri Kamaludin Md Said, described Najib and his legal team’s bid to obtain these documents as a “fishing expedition” and merely speculative.

PUTRAJAYA (Dec 8): The Court of Appeal has quashed an appeal by former prime minister Datuk Seri Najib Razak to obtain documents relating to investment bank Goldman Sachs and Tan Sri Dr Zeti Akhtar Aziz for his RM2.28 billion 1Malaysia Development Bhd-Tanore (1MDB-Tanore) trial.

Judge Datuk Nordin Hassan, in reading out the bench’s unanimous decision, upheld High Court judge Datuk Collin Lawrence Sequerah's decision to dismiss Najib’s discovery application for the documents in July last year.

Nordin, who was flanked by judges Datuk Wira Ahmad Nasfy Yasin and Datuk Seri Kamaludin Md Said, described Najib and his legal team’s bid to obtain these documents as a “fishing expedition” and merely speculative.

Nordin also said the documents sought are not relevant to the ongoing 1MDB-Tanore trial and the charges against Najib, which comprise four counts of abuse of power and 21 counts of money laundering in relation to RM2.3 billion of 1MDB funds.

Najib was seeking to obtain bank statements and other related documents of certain companies believed to be related to fugitive financier Low Taek Jho, or Jho Low, as well as Zeti's husband Datuk Dr Tawfiq Ayman and their son.

“It (the documents) are uncertain and speculative in nature. It’s irrelevant and undesirable for the appellant's (Najib's) case,” Nordin said in his judgement.

Najib, through his lawyers, had also appealed against Sequerah’s decision to dismiss an application seeking witness statements from the Malaysian Anti-Corruption Commission (MACC).

Nordin also dismissed this appeal and upheld Sequerah’s decision saying that these documents are privileged under the law.

“The application for the witness statements are without merit. The documents sought, if [they exist,] are not relevant to the appellant's case. If [they exist, they do] not exonerate him from the charges,” Nordin said.

Najib was also seeking to get former Goldman Sachs banker Tim Leissner’s mobile phone records as well as a copy of the settlement agreement between the Government and Goldman Sachs, among others.

Sequerah, in his previous judgement said the phone records Najib is seeking are not part of the prosecution’s case and as such the prosecution is not obliged to furnish these documents to him.

Nordin agreed with Sequerah’s decision and added that this also was speculative and a “fishing expedition” by Najib’s team.

Nordin then said that the Court of Appeal unanimously quashed Najib’s appeals.

The 1MDB-Tanore trial, where Najib is the only accused, is currently ongoing before Sequerah at the High Court.

Zeti is slated to take the stand as a prosecution witness in the near future.

Edited BySurin Murugiah
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