Presecution's theory that Najib and Jho Low 'mirror' each other is malicious, says defence

KUALA LUMPUR: The prosecution's theory that Datuk Seri Najib Razak and Low Taek Jho are the "mirror images" of each another is not backed up by evidence, the High Court heard.

Najib's lawyer Wan Azwan Aiman Wan Fakhruddin submitted that throughout the entire case, the prosecution acted maliciously when it resorted to a fictitious doctrine that Najib was a mirror image of Low – also known as Jho Low – or vice versa.

During the submissions at the end of the prosecution's case in Najib's RM2.28bil 1Malaysia Development Bhd (1MDB) trial, Wan Azwan said the criminal acts of Low could never be equated or deemed to be the wishes or intent of Najib.

"There must be clear and direct or indirect evidence to justify this accusation," Wan Azwan said here on Thursday (Aug 22).

The defence further contended that the mirror image theory only sought to hold the separate acts of two people as a singular culpability on one person alone.

He added that the acts done by Low were to be treated as though they were commissioned by Najib without submitting credible proof.

"This malefic theory is a stark departure from the time-tested and accepted legal doctrines of common intention, criminal conspiracy, or abetment which entail the proving of joint intention or preparation between individuals to commit a common crime.

"Interestingly Najib has never been charged in this case having a common intention with Low for these offences. This is an act of malice by the prosecution," he added.

Najib, 71, is on trial for 25 charges in total – four for abuse of power that allegedly brought him the financial benefit to the tune of RM2.28bil; and 21 for money laundering involving the same amount of money.

The four counts of power abuse were framed under Section 23(1) of the Malaysian Anti-Corruption Commission Act (MACC) 2009 which provides for imprisonment of up to 20 years and a fine of up to five times the amount or gratification, or RM10,000, whichever is higher, upon conviction.

For the 21 charges of money laundering, Najib is charged under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act, which carries a maximum fine of RM5mil and imprisonment for up to five years, or both, upon conviction.

The hearing before Justice Collin Lawrence Sequerah resumes on Sept 2.