After a week of submissions, Najib Razak’s defence team dismantled the prosecution’s claims, exposing contradictions, hearsay evidence and glaring double standards — from the verified Saudi donation to the real culprits who remain free.
The final stretch of the defence’s submissions in former Prime Minister Datuk Seri Najib Razak’s 1Malaysia Development Berhad (1MDB) trial has put the spotlight back where it belongs — on the integrity of Malaysia’s justice system. After years of political theatre and selective outrage, the defence has laid out a case that raises the simplest yet most damning question: where is the proof?
Over several days, the defence team meticulously argued that the prosecution’s narrative is not built on evidence, but on hearsay, contradictions and convenient amnesia. And in doing so, they exposed a judicial imbalance that has allowed the truly culpable to escape scrutiny while the former prime minister faces the full weight of blame.
Prosecution’s House of Cards: Built on Hearsay and Denial
Throughout the week, the defence pointed to the prosecution’s heavy reliance on hearsay and double hearsay — with witnesses like Shahrol Azral, the former 1MDB CEO, and others making sweeping claims unsupported by documents or direct evidence.
Even the judge, Datuk Collin Lawrence Sequerah, had previously cautioned that findings at the prima facie stage are not conclusive. The law demands that all evidence — both prosecution and defence — be re-evaluated before guilt can be determined beyond reasonable doubt. Yet, the prosecution’s final push has been emotional rather than evidential, focusing on rhetoric instead of facts.
It is an uncomfortable truth that the prosecution has failed to meet the burden of proof required in any credible criminal proceeding. Instead, the case appears driven by an obsession to convict, not to clarify.
The Saudi Donation: Verified Then, Denied Now
Perhaps the most striking revelation in the defence’s submission is how the prosecution continues to deny the authenticity of the Saudi donation — even though it had previously been verified.
The facts are clear. Representatives from the Attorney General’s Chambers, the Malaysian Anti-Corruption Commission (MACC), and other relevant government authorities travelled to Saudi Arabia years ago. They interviewed Saudi officials and verified that donations had indeed been promised to Najib by King Abdullah.
Najib’s belief that the funds in his personal account were Saudi donations for CSR and election purposes was not only reasonable — it was reinforced by Malaysia’s own investigative authorities.
He even went further: when it became clear that a portion of the funds was unused, Najib returned the balance — amounting to USD620 million — to the Saudi government.
As the defence rightly asked, what kind of thief returns the stolen goods?
The Real Culprits Walk Free While Najib Is Still Behind Bars
If there is one glaring injustice in this entire saga, it is how the real masterminds behind the 1MDB transactions — Jho Low and Jasmine Loo — have escaped accountability.
Both individuals were central to 1MDB’s financial dealings. Both were responsible for structuring and moving the funds. And both fled when the scandal broke. Jho Low remains a fugitive, while Jasmine Loo — once a key figure in the financial flows — has been rewarded with witness status after returning assets and properties linked to 1MDB.
Equally troubling is the treatment of Shahrol Azrai, the former CEO of 1MDB, whose mismanagement, omissions and questionable decisions formed the backbone of the scandal. Despite his direct role, he was not charged, but instead turned into a prosecution witness — conveniently shielded while Najib, who sat on an advisory board without executive powers, faces criminal liability.
In any functioning legal system, this inversion of justice would have caused the entire case to collapse.
Bank Negara’s Role and the Selective Blame Game
The defence also highlighted another inconvenient truth: Bank Negara Malaysia had been fully aware of the fund inflows and even advised the then Prime Minister to use his personal account for the Saudi donations.
Given the central bank’s oversight of large financial movements, there was no way billions could have entered Malaysia’s banking system without triggering alerts or scrutiny. Yet, rather than investigating its own procedural failures, the system turned its guns on Najib — the one individual who had acted transparently based on the advice of the very institutions now distancing themselves.
This selective amnesia is not merely troubling; it erodes public confidence in the rule of law.
A Trial That Wouldn’t Stand Elsewhere
In many jurisdictions, a case so riddled with contradictions, hearsay and compromised witnesses would have been dismissed long ago.
The defence has demonstrated that the prosecution’s claims rest on speculation, assumptions and documents that are missing or unverified.
The defence team was led by Tan Sri Muhammad Shafee Abdullah and assisted by Datuk Tania Scivetti, Wan Azwan Aiman Wan Fakhruddin, Wan Mohammad Arfan Wan Othman, Hartrisha Kaur Sandhu and Naresh Mayachandran.
The prosecution, meanwhile, was initially led by former Federal Court judge Datuk Seri Gopal Sri Ram until his death in January 2023.
Subsequently, it was handled by deputy public prosecutors Datuk Ahmad Akram Gharib and Datuk Kamal Baharin Omar, assisted by DPPs Mohamad Mustaffa P Kunyalam, Deepa Nair Thevarahan, Nadia Mohd Izhar, Najwa Bistamam, Hazmida Harris Lee and Siti Aina Rodhiah Shikh Md Saud.
As the court prepares to hear the final winding-up submissions on Tuesday, 4 November, and deliver its judgment on 26 December, the question now lingers: will the Malaysian justice system uphold the principles of fairness and reasonable doubt, or will political convenience once again overshadow truth?
Because justice, as the defence has reminded the court, is not about appeasing headlines — it is about evidence, accountability and equal treatment under the law. – NMH
Datin Hasnah is the co-founder and CEO of New Malaysia Herald based in Kuala Lumpur, Malaysia.
With an extensive background in mass communication and journalism, she works on building up New Malaysia Herald and it’s partner sites. A tireless and passionate evangalist, she champions autism studies and support groups.
Datin Hasnah is also the Editor in Chief of New Malaysia Herald.
Facebook Comments
Facebook Comments