SINGAPORE (Aug 19): The 1Malaysia Development Bhd (1MDB) trial involving former Malaysian prime minister Najib Razak could be delayed — yet again — because he faces two court hearings on the same day: Aug 19.
Apart from the 1MDB trial, Najib has to appear in court for the SRC International trial. He is facing seven charges related to corruption, power abuse and money laundering of funds belonging to SRC International, a subsidiary of 1MDB, and, separately, 25 criminal charges related to 1MDB money.
As these are criminal charges, he must be present at proceedings at all times, unlike in civil cases.
The conflict in schedule could have been avoided as the SRC International trial was expected to conclude this past week. But the trial was deferred to Aug 19, as Najib was afflicted with an eye infection. His lead counsel, Muhammad Shafee Abdullah, told the Malaysian court on Aug 14 that Najib was suffering from conjunctivitis in both eyes. “I am made to understand from his conversation with Dr Balqis at Mid Valley eye centre that it must have started yesterday (Aug 13),” Shafee said, adding that Najib had been granted a three-day medical leave up until Aug 16.
The question now is whether the 1MDB trial would be postponed for the fourth time to allow for Najib’s attendance at the SRC International trial. High Court judge, Justice Collin Lawrence Sequerah, had earlier ruled that he was not allowing any delay again after the third postponement. However, he would allow parties to appear before him if they needed to defer the trial again. Justice Sequerah is expected to make a decision on Aug 19.
Meanwhile, at the SRC International trial on Aug 13, the court heard that fugitive businessman Low Taek Jho, more commonly known as Jho Low, had fled Malaysia on May 29, 2015. This was two weeks after his associate Eric Tan Kim Loong had escaped as well.
Low’s other associates, Terence Geh Choh Heng and Casey Tang Keng Chee, left on May 8, 2018, the eve of Malaysia’s 14th general election, which saw the Opposition voted in. Jasmine Loo Ai Swan, a former 1MDB executive, fled on April 28, 2018. Information about their movements out of the country was disclosed from information received from Malaysia’s Immigration Department, according to Malaysian Anti-Corruption Commission investigating officer Rosli Hussain in his testimony.
Rosli, who is the 57th prosecution witness, told the court that the commission tried to track down Geh, Tang, Tan and Loo in May 2018, but they had fled by then. Their passports were blocked on May 17, 2018. “They [have] never returned to Malaysia since they left the country,” he said.
According to Rosli, the four individuals had often visited China, Hong Kong, Myanmar, Indonesia, Thailand and St Kitts & Nevis in the Caribbean. Arrest warrants were issued for them and Interpol’s assistance was sought in the form of issuance of Red Notices, but there have been no updates since.
Meanwhile, the authorities have acted where they can. Last week, 17 current and former Goldman Sachs executives were slapped with criminal charges over their roles in the 1MDB scandal. The US investment bank had helped raise funds for 1MDB and earned hefty fees of about 10% in the process. The Goldman executives charged include John Michael Evans, president of Alibaba Group Holding. The Malaysian government is seeking custodial sentences, according to Malaysia’s Attorney General Tommy Thomas in a statement.
