IN the 1MDB trial today, Datuk Seri Najib Razak's defence contended before the High Court that the prosecution has failed to adduce any evidence linking the former prime minister to the AmIslamic Bank branch mentioned in the abuse of power charges.
Counsel Wan Azwan Aiman Wan Fakhruddin submitted that the prosecution did not present any proof that Najib had set foot on the bank's premises on Jalan Raja Chulan, Kuala Lumpur, or exerted his power there.
"The defence's grievances on those charges were not because they contained no date, no time or stated no offence, but it was due to each of the charges containing dates, locations, and specifying multiple alleged wrongdoings.
"This is the very definition of duplicity, which the courts of this country have readily branded as illegal and unsalvageable," he submitted during Najib’s trial for the alleged misappropriation of RM2.3 billion in 1MDB funds.
According to reports in Bernama, Wan Azwan Aiman argued that, given the absence of evidence placing Najib at the AmIslamic Jalan Raja Chulan branch, the court must review the charges to determine whether this essential element has been proven by the prosecution.
"At this juncture, we invite this court to review and re-evaluate the four charges under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act filed by the prosecution in this case and to consider them in light of the plethora of cases cited that demonstrate how a charge is duplicitous," he said.
On May 6, Najib’s defence closed its case after calling 26 witnesses, and the court scheduled nine days beginning today for oral submissions.
Najib, 72, faces four charges of using his position to obtain RM2.3 billion in 1MDB funds as gratification at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon here between Feb 24, 2011, and Dec 19, 2014.
He was charged under Section 23(1) of the MACC Act and faces up to 20 years in prison and a fine of either five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
The former Pekan member of parliament is also accused of 21 counts of money laundering, allegedly committed at the same bank between March 22, 2013, and Aug 30, 2013.
These charges were brought under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which provides for a maximum fine of RM5 million and imprisonment of up to five years, or both, upon conviction.
Najib has been serving his sentence at Kajang Prison since Aug 23from SRC International Sdn Bhd.
The High Court initially sentenced him to 12 years in prison and fined him RM210 million, a decision which was subsequently upheld by the Court of Appeal and the Federal Court.
However, his petition for a royal pardon on Sept 2, 2022, resulted in the Pardons Board halving his prison sentence to six years and reducing his fine to RM50 million.
The hearing resumes tomorrow. – October 22, 2025
