Malaysia

Roger Ng possibly off the hook after US prosecutors bungle discovery disclosure

Ex-Goldman Sachs banker’s lawyer says he may apply for mistrial, slams ‘unforgivable’ prosecution

Updated 4 years ago · Published on 24 Feb 2022 8:12AM

Roger Ng possibly off the hook after US prosecutors bungle discovery disclosure
Roger Ng’s (pic) lawyer Marc Agnifilo has been reported as saying that some of the evidence he has reviewed so far could be used against allegations Tim Leissner made. – AFP pic, February 24, 2022

KUALA LUMPUR – Former Goldman Sachs banker Roger Ng could be off the hook after United States prosecutors admitted to not providing his defence team more than 15,000 documents.

Ng’s lawyer Marc Agnifilo was reported as saying that some of the evidence he has reviewed so far could be used against allegations Tim Leissner made.

Leissner, who was Ng’s boss at the time, alleged that he paid his subordinate US$35 million for his involvement in the 1MDB financial scandal.

He is also the prosecution’s star witness.

Agnifilo said the evidence supports the defence’s claims that the “money was transferred from Leissner’s wife to Ng’s wife for a separate business transaction”.

He also told the judge that he may apply for a mistrial, slamming the prosecutors’ “slow-walking” evidence over at least two and a half years.

“The government absolutely did not live up to its obligation. This is a categorically serious failure. This is unforgivable.

“In the middle of the night we got a letter from the government describing by its own admission an ‘inexcusable’ discovery disclosure,” Agnifilo was quoted as saying to US district judge Margo Brodie in Brooklyn, New York.

Brodie has since postponed the trial to allow the defence to review the documents.

In a letter to the court, prosecutors admitted they failed to share the evidence related to its star witness Leissner, who was Ng’s boss at the investment bank.

Bloomberg reported that prosecutor Alixandra Smith said in the letter that the error “is inexcusable”.

Such disclosure bungles are not new, as in September 2020 prosecutors in the Manhattan federal court were told off for failing to turn over evidence in a case involving sanctions.

US district judge Alison Nathan had said there were “serious and pervasive issues” involving disclosure by government prosecutors.

Yesterday, Leissner created a stir when he testified to having an affair with former Astro Malaysia Holdings Bhd CEO Rohana Rozhan and gifting her a US$10 million (RM41.85 million) home.

He alleged that he bought her the home in London in 2013 after she had threatened to expose his involvement with 1MDB and that the relationship was from 2003 to 2013, reported Bloomberg. – The Vibes, February 24, 2022

Related News

Malaysia / 5h

Najib raises objections to 80% of ex-1MDB CEO’s witness statement over hearsay

Malaysia / 1d

US$620 million returned, not to Najib's account - Angela

Malaysia / 6d

1MDB audit did not cover Najib’s personal accounts, court told

Malaysia / 1w

Shafee seeks to strike out parts of Tony Pua's statement

Malaysia / 1w

Najib must be held accountable for 1MDB's US$5.6 billion loss -  lawyer

Opinion / 2w

BN, you can’t have your cake and eat it too

Spotlight

Malaysia

Najib raises objections to 80% of ex-1MDB CEO’s witness statement over hearsay

Malaysia

Tun Dr Mahathir, Siti Hasmah create ASEAN record

By Alfian Z.M. Tahir

Malaysia

Nanta Linggi to leave Parliament after five terms, may contest new Sarawak state seat

World

Typhoon Dolphin’s remnants swamp Beijing as China braces for more extreme rainfall

Malaysia

Anwar expected to leave hospital today after successful treatment

Malaysia

Husband and wife face death penalty for drug trafficking

Malaysia

Former Subang MP, Wong Chen joins Bersama

Malaysia

Malaysian dies while transiting in Bangkok to Japan (video)

You may be interested

Malaysia

Rosmah granted conditional stay on RM67.5m jewellery payment

Malaysia

Is reputation worth so much more than a person’s life?

Malaysia

Haze: Putrajaya, Cheras record unhealthy API this morning

Malaysia

EC: No by-election for Subang parliamentary seat

Malaysia

MACC, police probing TH after RCI findings as govt warns no one will be spared

By Alfian Z.M. Tahir

Malaysia

Sarawak haze worsens as two areas hit ‘Very Unhealthy’ air quality

Malaysia

Police investigate case of knife-wielding woman who damaged vehicle (video)

Malaysia

Man, 49, found dead in Banting plantation