Additional case management for prosecution's appeal in 1MDB audit report case

The Court of Appeal has fixed May 26 for another case management for the prosecution's appeal against the acquittal of Najib Razak and former 1MDB CEO Arul Kanda Kandasamy in relation to the 1MDB audit report tampering case.

Arul Kanda's lawyer Jasmine Cheong, when contacted, confirmed that another case management date was fixed as the records of appeal were not ready.

The first case management for the prosecution's appeal was conducted today before Court of Appeal deputy registrar Mohd Khairi Haron.

Apart from Cheong, lawyer Alaistair Norman representing Najib and deputy public prosecutor Parvin Hameedah Natchiar appearing for the prosecution were also present.

On March 3, High Court judge Mohamed Zaini Mazlan, who is now a Court of Appeal judge, acquitted and discharged Najib and Arul Kanda after finding that the prosecution had failed to prove a prima facie case against them. 

They were freed of the charges without their defence being called.

In his grounds of judgment, Zaini said he had given a maximum evaluation at the end of the prosecution’s case and found no evidence to suggest or prove that Najib explicitly directed the amendments to exonerate him from any civil or criminal liability.

In Arul Kanda’s case, the judge found that he was consistent throughout his testimony and that it was compatible with the evidence produced and testimonies of other witnesses.

Najib, 70, who is currently serving a 12-year jail sentence at Kajang Prison for misappropriating SRC International funds, was charged with using his position to order amendments to the final 1MDB audit report before it was presented to the Public Accounts Committee to avoid any action against him.

Arul Kanda, 46, was charged with abetting Najib in making the amendments to the report, to protect Najib from being subjected to action.

The offence was allegedly committed at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Putrajaya, between Feb 22 and 26, 2016.

The prosecution filed a notice of appeal at the Court of Appeal on March 9.