July 21 case management for appeal to set aside 1MDB audit tampering acquittal

July 21 case management for appeal to set aside 1MDB audit tampering acquittal

Ex-prime minister Najib Razak and ex-1MDB CEO Arul Kanda Kandasamy were freed of all charges last March.

On March 3, Najib Razak and Arul Kanda Kandasamy (right) were freed of all charges without having their defence called.
PUTRAJAYA:
The prosecution’s appeal against the acquittal of Najib Razak and former 1MDB CEO Arul Kanda Kandasamy in the 1MDB audit tampering case is set for another case management on July 21.

Deputy public prosecutor Fairuz Johari and Arul Kanda’s lawyer Jasmine Cheong confirmed the date to Bernama.

Cheong said the records of appeal are ready and the prosecution can now file its petition of appeal.

A case management was held before Court of Appeal senior assistant registrar Nurul Azrina Yusof today who then fixed the next case management date for the prosecution to update to the court of the status of its petition of appeal.

On March 3, this year, High Court Justice Zaini Mazlan (now 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.

Both were freed of the charges without having their defence called.

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

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

Najib, 69, who is currently serving a 12-year jail sentence in Kajang prison for misappropriating SRC International funds, is charged with using his position to order amendments to the 1MDB final audit report before it was presented to the Public Accounts Committee (PAC) to avoid any action being taken against him.

Meanwhile, Arul Kanda, 46, is charged with abetting the former prime minister in making the amendments to the report, to protect him (Najib) from being subjected to action.

The offence was allegedly committed at the Prime Minister’s Department complex, Putrajaya, between Feb 22 and Feb 26, 2016.

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

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