KUALA LUMPUR – As the then-prime minister and chair of 1Malaysia Development Bhd’s advisory board, Datuk Seri Najib Razak was accountable for every action, including failing to report irregularities in the sovereign wealth fund.
The 49th prosecution witness, Malaysian Anti-Corruption Commission (MACC) investigating officer Nur Aida Ariffin, told the high court here today that 1MDB funds had been siphoned since 2009.
However, she said that neither Najib nor the 1MDB management filed reports with the police or MACC to investigate these “irregularities”.
She added that no action was taken against fugitive businessman Low Taek Jho, even though he had an active role in “choreographing” 1MDB’s operations despite never being officially or legally appointed to any position in the firm.
“(Despite) no profits gained by 1MDB or the country, there was no immediate action (taken) to rectify the situation.
“(However), there were traces of RM3.6 billion being diverted into two of Najib’s personal AmBank accounts, in which these funds were withdrawn from 1MDB for investment purposes.
“(But) Najib had never made any declaration to the cabinet involving the funds deposited, despite him being the prime minister, finance minister and chairman of 1MDB’s advisory board at that time. He is accountable for every decision he makes,” said Nur Aida in her testimony.
She added that from 2011 to 2014, the deposit of funds was also followed by “about 526 transactions involving expenses through cheques that were signed by Najib… and payments made via credit cards; AmBank MasterCard Platinum and Visa Platinum, owned by him”.
The star witness read out the final portion of her witness statement, where she detailed her findings of the 1MDB investigation that began in August 2015.
Many objections were raised by the defence and recorded by the court over Nur Aida’s testimony since she took the stand on January 2 this year.
Nur Aida had testified that her investigation found that Najib ordered Datuk Seri Ahmad Husni Hanadzlah – the then second finance minister – to not get involved or interfere in any matters or investment decisions of 1MDB.
Part of Husni’s responsibilities were to oversee companies under the Ministry of Finance (Incorporated).
“According to former Bank Negara Malaysia (BNM) governor Tan Sri Zeti Akhtar Aziz, Najib had asked her to issue a statement in July 2015, saying that there was no wrongdoing involving the money that went into his accounts.
“However, Zeti has refused to comply with his request.”
She also testified that in early June 2015, a task force consisting of BNM, police, Attorney-General’s Chambers (AGC) and MACC was established to investigate 1MDB and fund transactions that went into Najib’s accounts.
The task force was led by Attorney-General Tan Sri Abdul Ghani Patail. However, Najib ordered the task force to be dissolved on July 27 of the same year.
“All my findings led me to submit an investigation paper to the AG on August 28, 2018, with a proposal to charge Najib with four charges under Section 23 of the MACC Act 2009 (for abuse of power).
“The AG then issued permission, under Section 58 of the same Act, on September 19 the same year, to prosecute Najib.”
The trial before judge Datuk Collin Lawrence Sequerah continues.
Najib is facing four charges of using his position to obtain an alleged RM2.3 billion bribe from 1MDB funds, as well as 21 charges of money laundering involving the same amount.
He is currently serving a 12-year jail sentence for misappropriating SRC International Sdn Bhd funds. – January 26, 2024