Najib-Jho Low 'mirror image' theory is malefic: Lawyer

1MDB TRIAL | The prosecution’s contention that fugitive Low Taek Jho (Jho Low) is a “mirror image” of ex-premier Najib Abdul Razak is a “malefic” theory, the Kuala Lumpur High Court heard.

Defence counsel Wan Azwan Aiman Wan Fakhruddin submitted today that the “mirror image” contention is an unprecedented and unheard-of fictitious legal concept not backed by evidence direct or indirect.

“At this juncture, we submit that the mirror-image theory seeks in short to hold the separate acts of two separate individuals as a singular culpability on one individual alone: that the acts done by Jho Low are to be treated as acts as if they were commissioned by Najib without any credible proof thereof.

"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 a joint intention or preparation between individuals to commit a common crime.

“Interestingly, Najib has never been charged in this case with having a common intention with Jho Low (a person at large) for these offences. This is an act of malice by the prosecution,” Wan Azwan told trial judge Collin Lawrence Sequerah.

Today was oral submissions in the case of four abuse of power charges and 21 money laundering counts against ex-finance minister Najib linked to RM2.27 billion of 1MDB's funds.

In the prosecution’s opening statement in 2019, the late deputy public prosecutor Gopal Sri Ram likened key 1MDB-linked businessperson Low to an “alter ego and mirror image” of Najib.

Oral submissions resume on Sept 2.

Charges

For the four abuse of power charges, the former Pekan MP allegedly committed the offences at AmIslamic Bank Bhd’s Jalan Raja Chulan branch in Bukit Ceylon, Kuala Lumpur, between Feb 24, 2011, and Dec 19, 2014.

On the 21 money laundering counts, Najib purportedly committed the offences at the same bank between March 22 and Aug 30, 2013.

The accused was first charged on Sept 20, 2018, and his criminal trial began on Aug 28, 2019.

On May 30 this year, the prosecution closed its case, six years after the former prime minister was first charged in late 2018.

The proceedings are now in the oral submissions stage, which involves no witness testimonies, only legal teams summing up whether the evidence implicated or exonerated Najib.

Fifty witnesses took the stand for the prosecution, including 1MDB’s former general counsel Jasmine Loo.

Loo was allegedly part of Low's inner circle.

Prosecutors claimed that Najib received RM2.27 billion misappropriated from the troubled sovereign wealth fund between 2011 and 2014.

However, Najib’s defence team contended that the former premier had no knowledge of any wrongdoing at 1MDB and that any wrongdoing that may have happened was solely masterminded by Low and members of the fund’s management.

The former finance minister also previously contended that the late King Abdullah of Saudi Arabia promised the accused financial donation for political purposes.

Deputy public prosecutor Ahmad Akram Gharib prosecuted.

No greed in Najib adopting 'baby' 1MDB - Shafee

Prosecutor argues 4 power abuse charges against Najib valid

Power abuse charges do not state Najib's alleged interest - Shafee

Najib withdraws appeal to recuse 1MDB judge

'Corrupt' ex-aide pointed his finger at Najib: Shafee

Shafee: 1MDB trial until 2026 if Najib ordered to enter defence