Malaysia

[UPDATED] Court of Appeal tosses appeal against Najib, Arul’s acquittal in 1MDB audit case

Judges reach unanimous decision after prosecution fails to meet deadlines

Updated 3 years ago · Published on 12 Sep 2023 10:52AM

[UPDATED] Court of Appeal tosses appeal against Najib, Arul’s acquittal in 1MDB audit case
Datuk Seri Najib Razak is a former prime minister of Malaysia. – ALIF OMAR/The Vibes file pic, September 12, 2023

KUALA LUMPUR – The Court of Appeal today maintained the acquittal of ex-prime minister Datuk Seri Najib Razak and 1MDB’s former CEO Arul Kanda Kandasamy in the 1Malaysia Development Bhd (1MDB) audit report tampering case.

This is after the prosecution failed to meet deadlines to continue the appeal against the duo’s acquittal.

The Court of Appeal panel composed of judges Datuk Hadhariah Syed Ismail, Datuk Ahmad Zaidi Ibrahim and Datuk Azmi Ariffin made the unanimous decision to strike off the appeal.

“Till today, the prosecution has not filed any application for an extension of time.

“The notices of appeal are deemed to have lapsed and become invalid according to law. As such, we struck down the notices of appeal (filed on March 9),” said Hadhariah.

She pointed out that the last date to file the petition was July 6, 2023, stressing that any such application must be done before the end of the deadline.

“We follow the law and order that these two notices of appeal be struck out,” she said.

The high court had on March 3 acquitted the former prime minister in his trial over the alleged removal of key information from the auditor-general’s 2016 report on 1MDB.

Najib and Arul were charged under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009) with abusing power by instructing for the alteration of the government’s audit report on 1MDB in February 2016.

In a statement, Najib’s lawyers welcomed the decision, saying it proved their client’s as well as Arul’s innocence and that the charges should not have been brought up in the first place.

“We extend our gratitude to everyone who strived for the truth and the upholding of justice.

“We ardently hope that this definitive outcome allows both Najib and Arul to proceed with their lives, liberated from these baseless allegations,” the statement from law firm Shafee & Co read. – The Vibes, September 12, 2023

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