THE director-general of the Protection Division, Prime Minister's Department (BPJPM), has applied to quash the subpoena issued against him to testify in the 1Malaysia Development Berhad (1MDB) embezzlement case involving Datuk Seri Najib Tun Razak.
BPJPM's senior federal counsel, Nur Hidayah Raihan Md Nasir, said Najib’s defence team served the subpoena yesterday, requiring the director-general (DG) to provide testimony regarding former Goldman Sachs Investment Banking head Roger Ng Chong Hwa.
"Your Honour, the subpoena was served at 11 am yesterday, requiring the DG to testify on Roger Ng. We seek to have the subpoena set aside orally," she said as reported by Bernama.
"We believe this application is warranted, as the DG of BPJPM is bound by the Witness Protection Act, which imposes a confidentiality obligation prohibiting the discussion of any information relating to the participants or matters on the witness protection programme."
"Even if the DG is called as a witness, he would be unable to respond due to legal constraints,” she added.
"I would like to clarify the reasons for this application orally. The subpoena did not specify the reasons for his required appearance in court today.
"However, following a phone conversation with the defence, I was informed that they intended to question him regarding Roger Ng.
"Given the less than 24-hour time frame, I was unable to file the necessary cause papers for the application to set aside the subpoena," she submitted.
Meanwhile, Najib’s counsel, Tan Sri Muhammad Shafee Abdullah, expressed surprise at the objection raised regarding the subpoena.
Judge Datuk Collin Lawrence Sequerah then directed that the application to quash the subpoena be filed by this Friday, with the hearing scheduled for the following Tuesday.
In 2023, the Inspector-General of Police, Tan Sri Razarudin Husain, confirmed that Roger Ng had returned to Malaysia to assist in the probe into the 1MDB financial scandal.
Roger Ng, who faces a 10-year prison sentence after being convicted in New York for aiding in the embezzlement of 1MDB funds, will be extradited to the United States to face charges related to the case.
On Oct 30 last year, Judge Sequerah ordered Datuk Seri Najib Tun Razak to enter his defence after determining that the prosecution had established a prima facie case against him.
Najib, 71, is currently defending himself against four charges of using his position at the time to receive bribes totalling RM2.3 billion from 1MDB funds, as well as 21 charges of money laundering involving the same amount.
The trial is set to resume tomorrow. - April 9, 2025
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