PUTRAJAYA: The High Court was urged to reconsider the charges against Datuk Seri Najib Razak as there was no evidence to show that the former prime minister had set foot at AmIslamic Bank Bhd in Jalan Raja Chulan, as alleged in the four charges of power abuse against him in the RM2.28bil 1Malaysia Development Bhd (1MDB).
His lawyer, Wan Azwan Aiman Wan Fakhruddin, submitted that the prosecution did not present any evidence showing that Najib was ever at the bank and that no witnesses were called to testify that Najib had used his influence there.
"Given the lack of evidence that Datuk Seri Najib was ever at AmIslamic Bank Berhad, Jalan Raja Chulan, this court may want to reconsider and review those charges to determine whether they have been proven by the prosecution.
"At this juncture, we invite this court to review and re-evaluate the four charges under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act filed by the prosecution in this case, and to consider them in light of the plethora of cases cited that demonstrate how a charge is duplicitous," he said in his submissions at the defence case of Najib involving the misappropriation of RM2.28bil in 1MDB funds here on Wednesday (Oct 22).
Wan Azwan said the defence grievances regarding the charges were not due to a lack of details, such as no date, no time, or the alleged offence, but because each charge contained dates, locations, and specified multiple alleged wrongdoings.
"This is the very definition of duplicity, which the courts of this country have readily branded as illegal and unsalvageable," he added.
Najib was facing four counts of using his position to obtain RM2.28bil gratification from 1MDB's funds and 21 counts of money laundering involving the same amount.
The abuse of power offences were allegedly committed at an AmIslamic Bank Bhd branch, Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011 and Dec 19, 2014.
Meanwhile, the money laundering offences were allegedly committed at the same location between March 22 and Aug 30, 2013.
Najib has been serving his prison sentence since Aug 23, 2022, after being convicted in a separate criminal trial over the misappropriation of RM42mil from SRC International Sdn Bhd.
The submissions resume on Thursday (Oct 23) before Justice Collin Lawrence Sequerah.
