The appeal aimed at challenging the acquittal of Datuk Seri Najib Razak and Arul Kanda Kandasamy in the 1Malaysia Development Berhad (1MDB) audit report power abuse case has encountered setbacks. The prosecution has failed to submit its required petition of appeal within the stipulated timeframe at the Court of Appeal. While the case is scheduled for further management on August 30, concerns are raised about the absence of a proper petition of appeal. Legal counsel for both parties have confirmed the situation, shedding light on the flawed nature of the appeal process.
Meanwhile, legal representative Aliastair Brandah Norman, speaking on behalf of Najib, informed Malay Mail that the case is scheduled for further case management on August 30. Norman underscored that the appeal is fraught with flaws and has been deemed defective. “This matter has now been fixed for another case management on August 30 either before the Deputy Registrar or the panel of the Court of Appeal, as we have taken the position that the appeal is defective,” he elucidated.
In response to the situation, it is confirmed that Najib has not filed any representation letter to the Attorney-General seeking discontinuation of the appeal in the 1MDB audit case. Legal luminaries Tan Sri Muhammad Shafee Abdullah and Muhammad Farhan Shafee are also part of Najib’s legal team in this case.
On March 31, both Najib and Arul Kanda were acquitted of charges after the High Court determined that the prosecution failed to establish a prima facie case against them. Judge Mohamed Zaini Mazlan, who has since been elevated to the appellate court, asserted that there was no evident link between the amendments made and the alleged gratification. The judge indicated that Najib’s concern was primarily related to potential political spin and that the Auditor-General retained the ultimate discretion in accepting any proposed amendments to the initial report.
In regard to Arul Kanda’s role, Judge Zaini affirmed his honesty and consistency throughout his testimony. The judge noted the alignment of Arul Kanda’s testimony with produced documents and the accounts of other witnesses.
The case centers on allegations that Najib, as the former prime minister, misused his position to instruct amendments to the final 1MDB audit report before its presentation to the parliamentary Public Accounts Committee (PAC). Arul Kanda, the former 1MDB chief executive officer, is charged with abetting Najib in making these amendments. The purported offense took place at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Putrajaya, between February 22 and 26, 2016.