KUALA LUMPUR: Datuk Seri Najib Razak, who is accused of using his position to order an amendment in the 1Malaysia Development Bhd audit report, has failed in his bid to quash the charge against him.
High Court judge Justice Mohamed Zaini Mazlan ruled Friday (Aug 14) that the Pekan MP's application did not meet the high threshold required to set aside or quash the charge against him.
Such application, he said, should only be allowed in the rarest of circumstances, where there was a miscarriage of justice.
"The grounds submitted by the applicant, as convincing as he thinks they are, should only be considered at the end of the prosecution's case, for it would be premature for the court to at this stage consider them without availing itself of all the evidence that the prosecution will submit.
"The applicant's application is therefore dismissed," he said here on Friday (Aug 14).
Najib, 67, had applied to be acquitted and discharged from the charge of tampering with the 1MDB audit report charge, citing the charge as groundless and oppressive.
He is on trial for allegedly using his position to order amendments to the 1MDB final audit report that had already been "finalised” by Auditor-General, before it was "finalised again” and presented before the Public Accounts Committee (PAC) to avoid any action being taken against him.
The offence was allegedly committed at the Prime Minister's Department Complex, Federal Government's Administrative Centre, the Federal Territory of Putrajaya, between Feb 22 and 26,2016.
The charge under Section 23 (1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 provides a jail term for up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.
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