DEFENCE'S CLAIM SECTION 41(A) OF THE MACC ACT TARGETS NAJIB IS BASELESS - DPP

KUALA LUMPUR, Oct 3 (Bernama) -- The prosecution in Datuk Seri Najib Tun Razak's trial for the alleged misappropriation of RM2.3 billion in 1Malaysia Development Berhad (1MDB) funds refuted claims by Najib's defence that Section 41(A) of the Malaysian Anti-Corruption Commission (MACC) Act was established solely to persecute the former prime minister.

Deputy Public Prosecutor Ahmad Akram Gharib said the contention made by Tan Sri Muhammad Shafee Abdullah that the section was enacted and came in force on October 2018 just to politically persecute Najib was careless and baseless.

"I need to clear the contention. When Tan Sri Muhammad Shafee said that 41(A) of the Malaysian Anti-Corruption Commission (MACC) Act was passed for the purpose of convicting Datuk Seri Najib, that is totally untrue.

"The section was tabled at the Parliament on April 14, 2018 by former Deputy Minister in the Prime Minister's Department Datuk Seri Razali Ibrahim. On April 14, 2018, Datuk Seri Najib was still the prime minister and Datuk Razali was one of his own cabinet members," said Ahmad Akram.

He further stated following the tabling on April 2018, the Section 41(A) of the MACC Act was later enforced on Oct 1, 2018.

"So, to say that it's only enacted after Datuk Seri Najib was no longer the prime minister is totally untrue. That is my argument and the rest I will put in my three-page submissions," he said.

Section 41(A) of the MACC Act states that if any document or a copy of any document is obtained by the Commission under this Act, such document shall be admissible in evidence in any proceedings under this Act, notwithstanding anything to the contrary in any other written law

This section in question was raised during the trial in relation to an audio recording of a conversation between the former prime minister and a United Arab Emirates (UAE) leader.

Today, Justice Datuk Collin Lawrence Sequerah who is presiding over Najib's trial, set Oct 30 to deliver his decision on whether the former prime minister will be called to enter his defence or acquitted from all 25 charges in relation to 1MDB funds.

This marks the end of the prosecution case that has stretched over five years.

Najib, 71, faces four charges of abusing his position to obtain RM2.3 billion from 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014.

He also faces 21 money laundering charges involving the same amount at the same bank between March 22, 2013 and Aug 30, 2013.

Najib is charged under Section 23(1) of the MACC Act 2009 and Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act.

-- BERNAMA