KUALA LUMPUR – The Attorney-General’s Chambers (AGC) has filed a notice of appeal to reverse the high court’s decision in acquitting and discharging Datuk Seri Najib Razak and former 1Malaysia Development Bhd (1MDB) chief executive officer Arul Kanda Kandasamy of a charge in relation to 1MDB audit tampering case.
A source from the prosecution who confirmed the matter said the notice was filed today.
The prosecution had 14 days to file a notice of appeal to have the Court of Appeal overturn the high court’s verdict.
On March 3, judge Mohamed Zaini Mazlan (currently Court of Appeal judge) ruled that the prosecution had failed to establish a prima facie case against the duo at the end of the prosecution's case.
In his ruling, the judge said Arul Kanda, who was called as the prosecution witness had made a truthful and full discovery during the trial.
Najib, 70, who is currently serving a 12-year jail sentence in Kajang Prison for misappropriating SRC International Sdn Bhd’s funds, is charged with using his position to order amendments to the 1MDB final audit report before it was presented to the Public Accounts Committee to avoid any action being taken against him.
While Arul Kanda, 46, is charged with abetting Najib in making the amendments to the report, to protect Najib from being subjected to action.
The offence was allegedly committed at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Putrajaya between February 22 and 26, 2016.
Both were charged under Section 23 (1) of the MACC Act, which provides for a jail term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction. – Bernama, March 9, 2023
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