It has always been the bedrock of the Prosecution’s case that a Top-Down approach was practised by Datuk Seri Najib within 1MDB. Throughout the 6 years of trial, it is the prosecution’s narrative that the decisions of the 1MDB’s Board of Directors for the transactions that became subject matter of the charges were influenced or compelled by Najib. The defence states the contrary …
KUALA LUMPUR – In a statement issued to the media today by Shafee & Co, Datuk Seri Najib Razak’s defence counsel stated that this (top-down approach) theory was repeated by several witnesses who have testified for the Prosecution over the years. For example, the Directors of 1MDB at the material time in the course of their evidence had disassociated themselves from any corporate responsibilities by taking a position that their decisions were purportedly compelled by Najib’s ‘top-down approach” i.e. the Management and Board of 1MDB would only execute projects or proposals only after sighting the written approvals by Najib and therefore could not act independently.
“This position was also taken by the Investigating Officer, relying on the testimonies of witnesses despite as what was submitted by counsel, legitimate documentary evidence showing the contrary.
“In this regard, a key feature of the case by the Prosecution against Dato’ Sri Najib is the allegation that Dato’ Sri Najib had prematurely executed the Minutes by Representative of Holding Company and Special Rights Redeemable Preference Shareholder’s Resolution presented to him, which in turn compelled or sends a message to the Board of Directors to approve the corresponding Directors’ Circular Resolution,” the statement continued.
1MDB BOD Concealed The Decisions From Najib
Accordingly, it is apparent, that in the course of the trial, it was discovered that such practice appeared to be selective in nature as there were also numerous instances where the Board of Directors had decided on substantive undertakings for 1MDB and concealed the decisions from MOF Inc. (and by extension Dato’ Sri Najib).
The statement stated that the table produced by the defence on 17 September 2024 (please see below), during the oral clarification of the submissions that summarises the undisputed evidence clearly shows that there was no abuse of position by Najib. In fact, the table clearly shows that the purported decision or action taken by Najib came very much after the idea was presented or resolved by others such as Cabinet Ministers, Members of the Cabinet, the Board of Directors and/or the Menteri Besar of Terengganu (at the material time).
Lapse Of Time
“The lapse of time shown between the idea and the approval by Dato Sri Najib is between 8 days to 794 days, the average lapse of time being 197 days after the idea was first presented by the above-mentioned personalities.”
Shafee & Co stated that the press release is provided to members of the media in to comprehend the recent submissions made by counsel for Datuk Seri Najib that has gathered much attention and query and the summary may be used as guide. – 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.
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