Najib withdrew US evidence request after vigorous fight, says legal team

Summary

• Former PM Najib Abdul Razak faces stiff resistance from US Justice Department to obtain 1MDB-linked evidence in 2021.

• Najib’s lawyers assert evidence were crucial to his defence.

• US Embassy says DOJ carried out thorough probe into 1MDB scandal.

Najib Abdul Razak received stiff resistance from the United States Justice Department (DOJ) to his request to obtain 1MDB-linked evidence in 2021, his legal team clarified.

In a statement, the lawyers representing the former premier said the application filed in 2020 sought critical evidence from former banker Tim Leissner and Goldman Sachs and was initially granted by the US District Court for the Southern District of New York on Jan 8, 2021.

“In fact, magistrate Katharine H Parker found that granting Najib’s application would aid the Malaysian court in its administration of justice and serve Congress’ purpose in enacting Section 1782 (which authorises a federal district court to order the production of documents, as well as depositions of witnesses, in aid of foreign proceedings).

“DOJ, however, subsequently moved to intervene and stay those discovery efforts.”

Through his legal team, the statement said, Najib “vigorously opposed” DOJ’s stay application, ultimately to no avail.

“Despite his opposition, the court ruled in favour of the US government, effectively halting compliance with the subpoenas and the 1782 application.”

Crucial to defence

According to the statement, the evidence Najib sought was crucial to his defence.

“In various 1MDB-related cases, DOJ filings contained numerous references to evidence that kickbacks and bribes were paid to unnamed Malaysian officials, 1MDB officials, and others.

“His application sought to uncover exculpatory information, including the identities of those culprits which to date has been kept and continues to be kept concealed.

“In the end, due to the decisions of the District Court granting and maintaining the stay in favour of the DOJ, he voluntarily withdrew his pursuit without prejudice to refile only after vigorously fighting for his rights.”

The statement was issued in response to the US refuting Najib’s claim that its government had blocked the jailed former prime minister’s attempt to obtain the evidence.

In a statement to Malaysiakini yesterday, the US Embassy in Kuala Lumpur said the US federal courts operate independently from the political branch and stressed its DOJ conducted a “thorough” probe into the 1MDB scandal.

It also pointed out that Najib’s request for evidence was withdrawn on April 21, 2022.

In his testimony during the 1MDB trial last week, the former premier claimed that the US government, then under the Democratic Party leadership, was politically motivated to suppress evidence that purportedly could help set him free.

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