KUALA LUMPUR: The prosecution is not obligated to prove Datuk Seri Najib Razak's personal interest to charge him with power abuse related to his official decisions and actions in the 1Malaysia Development Bhd (1MDB) financial saga, the High Court heard today.

Deputy public prosecutor Ahmad Akram Gharib said the element of personal interest is not an essential ingredient to be proved under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act.

He said the power abuse charges against the former prime minister clearly outlined the location, time, date, and his position as an officer of a public body, along with the specific offence of using his position to obtain gratification.

The senior prosecutor said this when responding to a question by presiding judge Datuk Collin Lawrence Sequerah on the placement of the element of interest in the charges.

Ahmad Akram agreed that although the prosecution did not explicitly mention 'interest' in the overall charge, they did refer to 'direct interest' in specific parts of the charge - items I, II, III, and IV-concerning actions and decisions made by Najib.

Najib's first power abuse charge reads as follows:

That you (Najib), between Feb 24, 2011 and June 14, 2011, at Amislamic Bank Berhad, at the Jalan Raja Chulan branch, No. 55, Jalan Raja Chulan, Kuala Lumpur, in the Federal Territory of Kuala Lumpur, as an officer of a public body, to wit, prime minister, finance minister and the 1MDB advisory board chairman, did use your position for gratification for yourself totalling RM60,629,839.43, by taking the following action to wit:

I) On April 1, 2009, at the Cabinet Meeting Room, Level 4, Prime Minister's Office, Federal Government Administrative Centre, in the Federal Territory of Putrajaya, by way of a Memorandum of the Ministry of Finance No. 216/2639/2009, you did obtain the consent of the cabinet for the provision of a guarantee by the Government of Malaysia to Terengganu Investment Authority Berhad (TIA) to enable TIA to obtain domestic and foreign market loans of up to RM5 billion by way of Islamic Medium Term Notes Programme;

II) On July 29, 2009, at the Cabinet Meeting Room, Level 4, Prime Minister's Office, Federal Government Administrative Centre, in the Federal Territory of Putrajaya, after being appointed as Prime Minister of Malaysia on 3rd April 2009, you did approve the acquisition of TIA by the Government of Malaysia and further caused TIA's name to be changed to 1MDB, a company in which you have a direct interest;

III) On Sept 26, 2009, you directed the Board of Directors of 1MDB which was having a Special Meeting at The Royale Bintang Damansara, Petaling Jaya, in the state of Selangor, to pass a resolution authorising 1MDB to participate in a joint venture with PetroSaudi International Limited by investing in the capital of 1MDB PetroSaudi Limited by subscribing for 1,000,000,000 (1 Billion) ordinary shares in 1MDB PetroSaudi Limited at US$1.00 each for a total consideration of US$1 Billion (or equivalent in RM); and

IV) On May 16, 2011, at 1MDB Office, Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, in the Federal Territory of Kuala Lumpur, did cause the Board of Directors of 1MDB to pass a Circular Resolution authorising an investment of an additional RM1 Billion (or equivalent in US$) under the Murabaha Financing Agreement dated 31st March 2010 with 1MDB PetroSaudi Limited,

Thereby, you have committed an offence under Section 23(1) of the MACC Act, punishable under Section 24(1) of the same Act.

"In the overall charge, we did not explicitly mention 'interest,' but if Your Honour looks at the end of Roman numerals I, II, III, and IV of the charge, we have referred to direct interest.

"However, we will provide further submissions when it is our turn later," said Ahmad Akram.

https://www.nst.com.my/news/crime-courts/2024/08/1094644/najibs-power-abuse-charge-1mdb-financial-scandal-valid-says-dpp