AG change nothing to do with alleged draft charges against me: Najib

Summary

• Ex-premier Najib Abdul Razak testifies that the change of attorney-general in 2015 had nothing to do with an alleged draft criminal charge against him circulating in mass media.

• The accused testifies that Mohamed Apandi Ali took over the post as Abdul Gani Patail had health issues.

1MDB TRIAL | Former prime minister Najib Abdul Razak has testified that the change in attorney-general (AG) in 2015 had nothing to do with an alleged draft criminal charge against him which was in circulation then.

The former finance minister was telling the High Court in Putrajaya today that Mohamed Apandi Ali took over the AG post at the time due to Abdul Gani Patail having health issues.

During the RM2.27 billion 1MDB abuse of power and money laundering trial against him, Najib refuted deputy public prosecutor Kamal Baharin Omar that the accused was involved in the change of AG.

Kamal: You remember in 2015, I was an officer in AGC (Attorney-General’s Chambers) then, there was in mass media circulation on an (alleged) draft (charge against Najib). Do you recall?

Najib: I do not recall much, but I heard of the rumours. But I did not check.

Kamal: Based on that later, you actually ordered Gani to be fired from the post of AG and public prosecutor.

Najib: He was not let go because of that. He had a few issues.

Kamal: You agree he was let go as AG?

Najib: But it was not due to 1MDB, he had several issues then including health.

Gani was part of the multi-agency task force in 2015 investigating 1MDB, alongside then Bank Negara Malaysia governor Zeti Akhtar Aziz, then inspector-general of police Khalid Abu Bakar, and then MACC chief commissioner Abu Kassim Mohamed.

Najib previously testified he had no role in the disbandment of the task force, and that it was due to administrative exercise.

Following the change of AG in 2015, the independent exposé portal Sarawak Report published a copy of the alleged draft charge sheet.

‘I didn’t lose confidence’

When deputy public prosecutor Ahmad Akram Gharib today referred to Najib’s past testimony on the proposal for Gani to be made Federal Court judge, the accused said the former AG did not succeed in going through the process (tidak lepas proses).

Akram then referred to the late former chief secretary to the government Ali Hamsa’s testimony in a separate 1MDB audit case trial against Najib.

However, the criminal court in that case discharged and acquitted the accused due to the prosecution failing to prove a prima facie case.

Najib today agreed with Akram that Ali handed the termination of service letter to Gani.

Akram: Ali testified that (Gani’s) service was terminated due to you losing confidence in him (Gani).

Najib: This is not correct. If I lost confidence, I would not have tried to get him (Gani) to be a Federal Court judge.

Najib disagreed with Akram’s contention that Gani was removed due to a then proposal to charge the accused in court in 2015.

Najib says didn’t order change

During cross-examination by Kamal, Najib disagreed that he also had a hand in the change of MACC chief commissioner from Abu Kassim Mohamed to Dzulkifli Ahmad in 2016.

In rubbishing the prosecution’s contention that the removal was linked to an attempt to stymie the 1MDB probe, Najib pointed out that he used to work closely with Kassim and even tried to get the former MACC chief commissioner another position.

Kamal: You agree that Kassim was a figure respected by the people in relation to stamping out corruption?

Najib: Yes, I worked closely with him, I ensured he would get another post.

Kamal: What was his next post after he left (MACC)?

Najib: Not left, he was ready, I did not fire him. His next position in Vienna (Austria), the specific post I do not remember, had something to do with international anti-corruption.

Kamal: Who replaced him (in MACC)?

Najib: (Ex-DPP) Dzulkifli Ahmad.

Kamal: Dzulkifli, when compared to Kassim, is quite different.

Najib: No, that is your opinion, I did not think like that, he (Dzulkifli) had wide experience, he was not somebody who suddenly came from outside (to helm MACC), like what happened later.

The former premier was believed to be referring to outspoken lawyer Latheefa Koya being appointed MACC chief commissioner in 2018, taking over from Dzulkifli.

Following his tenure as MACC chief commissioner, Kassim was officially appointed as a member of the board of governors of the International Anti-Corruption Academy (IACA).

The IACA is an international anti-corruption training institution based in Vienna, Austria.

During Kamal's grilling today, Najib contended that the 2015 1MDB task force was not valid as it was not established in accordance with regulations.

"The task force was not set up in line with proper regulations. In terms of its appointments, it was not valid," the accused remarked.

Najib claimed the task force was not valid as it was established by Gani, as no law allows that.

"Even if the AG do the same thing now, it (special task force) would not be valid as no regulations permit that," Najib stressed.

Najib also disagreed with Kamal's contention that the accused directed then Bank Negara governor Zeti to issue a public statement saying that money that flowed into his account was an offence.

Najib: I never ordered (Zeti), I asked from her whether there was money came in and whether the money could be confirmed or not. I could not order her.

Kamal: You ordered Zeti to issue the statement saying the money that came into your account was not an offence.

Najib: I disagree.

Answerable case

On Oct 30, the criminal court ordered Najib to enter his defence over four abuse of power and 21 money laundering charges involving RM2.27 billion of funds from troubled sovereign wealth fund 1MDB.

Judge Collin Lawrence Sequerah ruled that the prosecution succeeded in establishing a prima facie (answerable) case against Najib over the Minister of Finance Incorporated’s (MOF Inc) wholly owned company.

The judge ruled that Najib had to answer the charges due to the strength of the various 50 witness testimonies during the prosecution stage of proceedings that lasted six years since the trial began in 2019. The accused was first charged in 2018.

Since the prima facie ruling, Najib has been testifying in his defence against the 1MDB criminal charges.

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