Since attorney-general Mohamed Apandi Ali is contemplating attending or sending his officers for the Department of Justice’s (DOJ) forfeiture hearing in the United States, it shows that Prime Minister Najib Abdul Razak is not involved.

"In lieu of that, it appears the government of Malaysia, through the AG, will get more details on the matter via a watching brief," the prime minister’s lawyer, Mohd Hafarizam Harun, said today.

"So the PM is not involved as the AG is acting on behalf of the government of Malaysia and not for the PM. I am not instructed to appear for the PM in lieu of that," he told reporters.

Hafarizam also said he had not received any instructions to be in the US.

Asked how this negated Najib’s involvement, Hafarizam said the prime minister would otherwise have appointed a lawyer to represent him at the US hearing.

Two weeks ago, the DOJ filed a forfeiture action in a US court to seize more than US$1 billion worth of assets that are said to have been purchased with funds from 1MDB obtained through money laundering.

This comes after the DOJ sought to seize 17 assets that include properties, a jet plane and valuable artworks.

Najib's step-son among those named

Several individuals were named in the legal action, including Riza Aziz, who is Najib's stepson. There is also an individual named only as "Malaysian Official 1", described in the court documents as the person related to Riza and holding a high post in the government and in 1MDB.

Last week, Hafarizam was asked whether he would appear for Najib in the US, and he simply brushed it off, saying he is only representing the PM with regard to defamation suits filed in courts in Malaysia.

Earlier this week, when asked whether Malaysia would accept money seized under the court forfeiture action in the US, Apandi said he was contemplating going there or sending officials to act as watching brief on the matter.

However, he admitted he was not sure how the US legal system operates, and neither do the lawyers in Malaysia.

“We want to go there and listen to what transpires in court. With the permission from the court, we may ask a few questions,” he said, adding that he was still toying with the idea after consulting with American lawyers on court procedures in the US.

"I am pondering on the idea of sending representatives there because we want to register our interest. If you (the US) want to give the money to us, we want to hear," he had said.

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