The prosecution is alleging that Ng abetted his former employer, Goldman Sachs, and its Asian entities in omitting material facts in raising US$6.5 billion in bonds for 1MDB’s independent power plant purchases, the Tun Razak Exchange and Bandar Malaysia projects.
Ng’s lawyer, Tan Hock Chuan, informed High Court judge Mohamed Zaini Mazlan the defence had sent a letter of representation to the attorney-general yesterday.
“In light of the latest development where charges were withdrawn against Goldman Sachs, we were instructed to write in our representation,” he said.
“My instruction is to wait for the outcome of the AGC’s decision before the prosecution can make any move to transfer the case to another court.”
Last week, the prosecution told the court it did not wish to proceed with the charges under the Capital Markets and Services Act against Goldman Sachs and its entities.
Deputy public prosecutor Roz Mawar Rozain said Ng was currently in New York, awaiting for his corruption trial, scheduled to start in February next year.
“We will file a formal application to transfer the case to be tried before another High Court judge within a week,” she said.
“The prosecution understands that the accused (Ng) has a forfeiture case before this court. This is one of the reasons (why) we want to prevent further delays and embarrassment.”
Roz Mawar said the prosecution needed time to consider Ng’s representation on his charges.
The court set Nov 20 for mention of the case.
Ng claimed trial on Dec 19, 2018 to four charges under Section 370(c) of the Capital Markets and Services Act.
Among the material facts that Goldman Sachs allegedly omitted was the role of fugitive businessman Low Taek Jho, who is said to be the operator and key intermediator for 1MDB.
The government and Goldman Sachs had previously said both parties agreed to settle claims related to the issuance of the bonds.
Goldman Sachs will pay the government US$3.9 billion as settlement. Last month, US$2.5 billion of the agreed sum was paid to the government in an escrow account.