Prosecution appeals Najib, Arul Kanda’s acquittal

Prosecution appeals Najib, Arul Kanda’s acquittal

The notice of appeal was filed today.

Former prime minister Najib Razak and former 1MDB CEO Arul Kanda Kandasamy were acquitted by the High Court last week.
PETALING JAYA:
The prosecution in the 1MDB audit report case will appeal the acquittal of former prime minister Najib Razak and the state investment fund’s former CEO, Arul Kanda Kandasamy.

Sources said a notice of appeal was filed today.

Last week, the High Court freed Najib from a charge of alleged abuse of power by causing amendments to the 1MDB audit report.

Co-accused Arul Kanda was also acquitted of a charge of abetting Najib in the commission of the offence.

Justice Zaini Mazlan held that the prosecution had failed to establish a prima facie case against Najib under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

In his judgment, Zaini held that although four items were removed from the 1MDB audit report, those items did not give rise to the possibility of any civil or criminal proceedings being brought against Najib.

Zaini pointed out that the key prosecution witness, former auditor-general Ambrin Buang, had agreed that he was “not forced or coerced” by Najib to make changes to the earlier report.

Meanwhile, the court granted Arul Kanda a certificate of indemnity after it was satisfied that he had been truthful and had given full discovery when testifying in the case.

Najib was charged with allegedly abusing his power to obtain immunity from legal action and causing amendments to the finalised 1MDB audit report prior to its tabling before the Public Accounts Committee.

Arul Kanda was accused of abetting him in the commission of the alleged offence said to have been committed at the Prime Minister’s Department in Putrajaya between Feb 22 and 26, 2016.

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