Acquiring power plant was 1MDB board's proposal, not Najib's idea, lawyer tells court


KUALA LUMPUR: Datuk Seri Najib Razak's defence contended that the former prime minister endorsement of the acquisition of an independent power plant (IPP) was made much later, after the idea was initially proposed by other members of the 1Malaysia Development Berhad (1MDB) board of directors.

Najib's counsel Wan Azwan Aiman Wan Fakhruddin said due to this fact, it was clear that the former prime minister could not have devised the scheme for his benefit.

"The idea for the acquiring of Tanjong Energy IPP came three months before Najib greenlighted it through the minutes of representatives (MR) and shareholder's special resolution (SSR).

"Former 1MDB chief executive officer (CEO) Datuk Shahrol Azral Ibrahim Halmi even mentioned this during his testimony in court, stating that it was a good opportunity for 1MDB to venture into the energy sector in Malaysia and allowing the sector to be managed by a government-owned company, namely 1MDB," said Wan Azwan Aiman.

Wan Azwan Aiman made these statements while delivering his submission at the close of the prosecution's case on Tuesday (Sept 17) before High Court Judge Datuk Collin Lawrence Sequerah.

Earlier, Najib arrived at the court in a wheelchair, following a recent hospitalisation for acute knee inflammation. He was seen walking slowly with the aid of a cane.

Justice Sequerah granted the defence's request for Najib to sit outside the dock, allowing him to stretch his legs.

In his closing remarks on the second charge faced by Najib, Wan Azwan Aiman said the prosecution had failed to establish any evidence proving that Najib used his positions as prime minister, finance minister and 1MDB board of advisors chairman to obtain over RM90mil from 1MDB funds for personal gain.

"Although the facts in the case differ in terms of timing and subject matter, the evidence provided by the prosecution consistently proves that Najib is not responsible for the alleged misconduct.

"There is no testimony from any witness in this case, including former 1MDB CEOs Shahrol Azral and Mohd Hazem Abd Rahman, former 1MDB chief dinancial officer Azmi Tahir, and former 1MDB general counsel Jasmine Loo, indicating that their actions were done to gratify Najib," he said.

Najib, 71, faces four charges of abusing his position to obtain RM2.3bil from 1MDB funds between Feb 24, 2011, and Dec 19, 2014.

He also faces 21 charges of money laundering involving the same amount between March 22, 2013, and Aug 30, 2013, all of which were linked to transactions at AmIslamic Bank Berhad, Jalan Raja Chulan branch.

The charges are filed under Section 23(1) of the MACC Act 2009 and Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act.

The submissions will resume on Wednesday (Sept 18). – Bernama

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