Najib fails to obtain documents involving Zeti, Goldman Sachs

KUALA LUMPUR: The High Court here has dismissed two discovery applications by former prime minister Datuk Seri Najib Razak who sought to obtain 1Malaysia Development Bhd-linked documents involving investment bank Goldman Sachs and Tan Sri Zeti Akhtar Aziz.

In his decision, Justice Collin Lawrence Sequerah said the application to obtain bank documents relating to funds received by the family of former Bank Negara governor was premature.

Najib, in his application dated March 24, wanted to compel the prosecution in his RM2.28bil 1MDB trial to disclose banking documents linked to Zeti's family on claims that her family allegedly received monies from fugitive financier Low Taek Jho, also known as Jho Low.

The court, however, agreed with the prosecution that Zeti was not the person on trial and she was yet to be called to testify.

"I do not see how these bank documents mentioned have any relevance to the defence advanced thus far by the accused under the relevant Sections he is charged with.

"The documents sought are not necessary and desirable for the purposes of the trial," Justice Sequerah said here on Monday (July 12).

The judge also said that the integrity and credibility of Zeti was not an issue in the trial and the application amounted to a "collateral attack", which was not permitted.

He said the defence team was still able to confront Zeti on issues they wish to raise when she is called to the stand.

In Najib's second application, filed on April 7, the Pekan MP sought to obtain a confidential settlement agreement between Malaysia and US-based Goldman Sachs Group in 2020, which included the transcripts or forensics report from the phones of Tim Leissner, a former Goldman Sachs partner in Asia, as well as data on Goldman Sachs' server involving Leissner's communications.

The defence had submitted, amongst others, that the contents in Leissner's mobile phone could show communication between Leissner and 1MDB officials.

They contended that the data on the Goldman Sachs server could disclose evidence that Najib had no knowledge about the criminal schemes and could reveal to whom Leissner had paid bribes and kickbacks.

Justice Sequerah, however, said the defence was "casting the net far and wide" in the expectation that something useful would materialise.

"This amounts to a fishing expedition and this is not allowed," he said, adding that the prosecution had clearly stated they did not have the documents in possession.

Justice Sequerah also said the Goldman Sachs-linked documents did not constitute part of the prosecution's case against Najib and therefore the prosecution was not obliged to furnish the documents to the defence.

Najib is currently on trial for four counts of abuse of power and 21 counts of money laundering involving RM2.28bil of 1MDB's funds.

He faces 20 years' jail and fine, if convicted.

The trial before Justice Sequerah is fixed to resume on Aug 17.