KUALA LUMPUR (March 3): Former prime minister Datuk Seri Najib Razak's defence team hopes that his acquittal in the 1Malaysia Development Bhd (1MDB) audit report tampering trial is the "beginning of many good things that should come".
Lead defence counsel Tan Sri Muhammad Shafee Abdullah also said that he hopes the Attorney General's Chambers will not appeal against the decision, noting that trial court judge Mohamed Zaini Mazlan’s grounds were “completely supportable”.
Shafee was commenting on the High Court's decision earlier, where Najib and the co-accused, former 1MDB president and chief executive officer Arul Kanda Kandasamy, were acquitted and discharged without having to enter their defence in the trial.
The defence counsel also said that the imprisoned Najib had conveyed that the court decision on Friday (March 3) "uplifted his spirits and desire" to fight.
“My client wants to tell you [that he is] grateful to Allah with this decision today because it really uplifts his spirits and his desire to fight…,” he said.
In delivering his decision earlier, Zaini found that there is no causal link between the amendments made in the first audit report and the purported alleged gratification. The judge said the prosecution could not prove the element of gratification.
Zeroing in on this during the press conference, Shafee claimed that the grounds meant that there was “no element of corruption or gratification”.
“[Najib] wants to communicate to the members of the media that he is very grateful [for this] because that is what hurts him the most, if ever there is a finding of gratification,” he said.
He added that Najib was relieved because instead of a brief acquittal and discharge ruling, the judge had included specific findings.
When met after the proceedings, deputy public prosecutor Kamal Bahrin Omar said the prosecution will study the decision and consult the attorney general, who is also the public prosecutor in the case.
A notice of appeal would have to be filed within 14 days, should the prosecution wish to file an appeal.
Zaini’s full written judgement is 67 pages long, detailing the grounds for his decision. The judge had highlighted former AG Tan Sri Ambrin Buang’s testimony that the amendments were authorised by Ambrin.
Zaini added that the amendments made to the earlier audit report were based on the AG’s judgement and agreement.
Shafee in his press conference said that Ambrin was a source of pride for Malaysia.
“He didn't buckle under pressure during parliament enquiry (Public Accounts Committee, PAC) … and he gave the similar evidence in court, in spite of this being such a politically charged case,” he said.
Rosmah: ‘Victory for whole family’
Najib’s wife, Datin Seri Rosmah Mansor, when met by the press said that the verdict on Friday was a victory for her whole family.
"My husband said he was grateful for the acquittal ... we hope for better things to come.
"This surely will revive our spirits (memulihkan semangat) as a family," said Rosmah, who was present at the court on Friday along with her daughter Nooryana Najwa Najib.
Besides this 1MDB audit report tampering trial, Najib is still embroiled in four more pending cases.
At present, Najib is serving a 12-year jail term after the apex court dismissed his final appeal last August in the RM42 million SRC International Sdn Bhd case. The Federal Court also maintained the RM210 million fine imposed on the former PM.
However, he has applied for a review of this decision, and a fresh panel of judges had heard submissions at the leave (permission) stage, and the panel will deliver its decision before March 31.
Another ongoing trial is the 1MDB-Tanore trial where the Najib is charged with four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion of 1MDB funds.
That trial before judge Datuk Collin Lawrence Sequerah is slated to continue on April 17.
Najib also has two other cases which have yet to begin.
Arul Kanda says current plan is to ‘update his CV’
Arul Kanda, who also spoke to the press briefly, said he was thankful for the decision. He thanked his family, his friends who stood by him and his counsels.
When asked, he added that his current plan is to "update his CV".
When asked about his brief exchange with Najib in the courtroom after the decision was read, Arul Kanda said: “Both of us felt a sense of vindication and a sense of relief that this ordeal is now over.”
The judge also discharged and acquitted Arul Kanda as he was satisfied that the former 1MDB president had made a "true and full discovery" of all things for which he was examined.
He was granted a certificate of indemnity under Section 63(3) of the Malaysian Anti-Corruption Commission Act. This is the first case where a co-accused was offered a certificate of indemnity under this section of the Act.
In this trial, Najib was charged with abuse of power as a public officer in his capacity as the then prime minister and finance minister in altering the 1MDB audit report which was to be tabled to the PAC in 2016. This was so that no action could be taken against him by Parliament. Arul Kanda was charged with abetting Najib.