THE prosecution described former prime minister Datuk Seri Najib Razak’s RM2.3 billion 1Malaysia Development Berhad (1MDB) corruption case as “peculiar”, citing the late lead prosecutor Datuk Seri Gopal Sri Ram’s remark that 1MDB was “run like a coffee shop.”
Deputy Public Prosecutor Mohamad Mustaffa P Kunyalam told the Kuala Lumpur High Court on Thursday that the mismanagement of the state investment fund was so disorderly that its finances were deliberately diverted elsewhere.
He argued that had 1MDB been managed according to strict corporate standards, Najib, as the then finance minister, would not have faced prosecution.
“If corporate governance was truly important, the resignation of 1MDB chairman Tan Sri Mohd Bakke Salleh in October 2009 should have served as a ‘waking-up call’ to resolve the company’s turmoil.
Tan Sri Mohd Bakke even sent a message to Datuk Seri Najib about his resignation, but the accused never responded,” he said.
Mohamad Mustaffa said issues surrounding 1MDB’s operations, debts, and investments were already publicly known when the matter was raised in Parliament as early as 2010, where Najib was questioned over the involvement of fugitive businessman Low Taek Jho, or Jho Low.
He pointed to evidence, including Blackberry Messenger (BBM) records and testimony from former AmBank relationship manager Joanna Yu Ging Ping, showing Jho Low’s active role in managing Najib’s personal bank accounts.
These included the RM42 million transactions in December 2014 and February 2015 cited in the criminal breach of trust and money-laundering charges—transactions Najib later claimed were orchestrated by Jho Low to deceive him.
“How can we deny the impact of what Jho Low told senior 1MDB officials after seeing all this?” he said. “We submit that what matters for the court to decide is the effect of Jho Low’s statements, the testimony of those who heard them, and the subsequent actions. There are no double hearsay elements as argued by the defence. Jho Low is not on trial here—the accused is.”
The prosecutor further contended that Najib was never deceived by Jho Low, asserting that his own actions demonstrated otherwise.
“Najib in fact strengthened Jho Low’s role in both his personal and official dealings, allowing him to arrange private holidays while simultaneously handling 1MDB’s financial affairs. This was no coincidence—it reflected Najib’s dependence, consent, and trust in Jho Low,” he said.
Mohamad Mustaffa argued that Jho Low acted as Najib’s intermediary, proxy, and key operative within 1MDB.
He also noted that no action was taken against Jho Low, while then Attorney General Tan Sri Abdul Gani Patail was abruptly removed in 2015 at the height of the scandal.
“So, can the accused now claim he was deceived by Jho Low? The answer is no,” he said, adding that a similar argument was rejected in Najib’s SRC International corruption case, where the court ruled that the deception narrative was unsupported by evidence.
The hearing before Judge Datuk Collin Lawrence Sequerah, now in its eighth day, continues.- October 30, 2025
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