KUALA LUMPUR: A Swiss court made no finding that fugitive businessman Low Taek Jho represented himself on behalf of former prime minister Datuk Seri Najib Razak, the High Court here was told.
Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah said this relating to the Swiss court conviction of PetroSaudi International Ltd (PSI) executives Tarek Obaid and Patrick Mahony last week.
On Aug 28, the court in Switzerland sentenced Obaid and Mahony to seven and six years’ jail respectively after finding them guilty for their roles in embezzling funds from 1Malaysia Development Bhd (1MDB).
“The Swiss court never mentioned the involvement of Najib (or Low for acting for Najib),” Muhammad Shafee told Justice Collin Lawrence Sequerah here yesterday.
Muhammad Shafee was submitting at the end of the prosecution’s case in Najib’s RM2.28bil 1MDB graft case.
He submitted that the foreign court had found Obaid and Mahony guilty for deceiving 1MDB and its board of directors.
According to Muhammad Shafee, there were testimonies and evidence that dismissed the notion that Najib gave clearance to Low (also known as Jho Low) regarding the joint venture between 1MDB and PSI.
“The evidence was also presented to this court, through the Public Accounts Committee (PAC) proceedings.
“Former 1MDB CEO Datuk Shahrol Azral Ibrahim Halmi answered questions by PAC and he denied Low was present at a 1MDB meeting in 2009 to represent Najib. He was there as a representative of PSI and not Najib,” the lawyer said.
In the prosecution’s case, it contended that Low was Najib’s “alter ego” and a “shadow director”.
At a press conference later, Muhammad Shafee said the defence team will be writing to the Swiss court for the full text of the court’s decision that convicted the PSI executives.
He said the Swiss court ruling against the two men did not implicate Najib over the misappropriation of funds from 1MDB.
Najib, 71, is on trial for 25 charges in total – four for abuse of power that allegedly brought him the financial benefit to the tune of RM2.28bil, and 21 for money laundering involving the same amount of money.
The four counts of power abuse were framed under Section 23(1) of the Malaysian Anti-Corruption Commission Act (MACC) 2009, which provides for imprisonment of up to 20 years and a fine of up to five times the amount or gratification, or RM10,000, whichever is higher, upon conviction.
For the 21 charges of money laundering, Najib is charged under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act, which carries a maximum fine of RM5mil and imprisonment for up to five years, or both, upon conviction.
The hearing continues on Sept 10.
