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Defence raises fairness concerns ahead of Najib’s 1MDB verdict

Defence cites handling of key witnesses and undisclosed information in final days before ruling

9:02 PM MYT

 

KUALA LUMPUR – Former premier Datuk Seri Najib Razak’s lawyers have renewed claims that his 1MDB corruption trial was unfair, raising the issue days before the High Court is due to deliver its verdict on Dec 26.

Lead counsel Tan Sri Muhammad Shafee Abdullah said the defence was disadvantaged by how key prosecution witnesses were handled, starting with former Goldman Sachs banker Roger Ng Chong Hwa.

Shafee said Ng had cooperated with authorities during investigations into the 1MDB scandal and provided material information to investigators. However, when called to testify, Ng declined to answer several questions that the defence said were critical, citing a United States protective order.

Referring to a Dec 12 statement by the Attorney-General’s Chambers, Shafee said this confirmed that Ng had in fact supplied material information to investigators.

“This created a clear and obvious injustice to Najib,” Shafee said, as reported by the New Straits Times.

He argued that information shared with investigators but withheld in open court could not be tested or evaluated as evidence, placing the defence at a disadvantage.

Shafee also raised concerns over the treatment of other individuals linked to 1MDB, including former general counsel Jasmine Loo Ai Swan, described as a close associate of fugitive financier Low Taek Jho, or Jho Low.

He said Loo was called as a prosecution witness and her testimony was relied upon to explain transactions central to the charges against Najib, despite what he described as unresolved legal issues involving her.

“Despite outstanding arrest warrants, unresolved charges and ongoing investigations against her, no prosecution was pursued. Instead, she remained in Malaysia and was placed under the witness protection programme,” he said.

Shafee further alleged that Loo played a key role in legitimising documentation used in fraudulent transactions involving Low and Goldman Sachs.

He also questioned the lack of effective action to secure Low’s return to Malaysia, noting that the fugitive financier was no longer subject to an active Interpol Red Notice.

Taken together, Shafee said these issues showed Najib had not been afforded a fair trial as guaranteed under Articles 5 and 8 of the Federal Constitution.

Najib faces four charges of misappropriating RM2.3 billion in 1MDB funds and 21 counts of money laundering.– December 18, 2025

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