Legal
Malaysian Prime Minister Moves To Quash Allegations Of 1MDB Money Laundering

Najib has repeatedly denied any wrongdoing and said his country will cooperate with international investigations into the fund, the debt load of which is estimated at $4.8 billion.
Malaysia's Prime Minister Najib Razak claimed he is not a public
officer in an attempt to quash allegations that he abused his
powers to obstruct probes that sought links between his
personal bank accounts and the scandal-hit 1MDB fund.
In March 2016, a lawsuit was filed against Najib that alleged he
used his authoritative powers to hinder investigations into his
connection to 1Malaysia Development Berhad, the state-owned
investment fund embroiled in a worldwide money laundering probe.
The suit related to the remittance of RM2.6 billion ($583.3
million) and RM42 million into Najib's personal accounts, among
others.
1MDB is the subject of money laundering investigations in at
least six countries, including Switzerland, Singapore and the US.
International investigators believe associates of Najib siphoned
billions of dollars from the fund, which the then-deputy
prime minister established in 2009 and oversaw through his
chairmanship of an advisory board. Najib has repeatedly denied
any wrongdoing and said his country will cooperate with
international investigations into the fund, the debt load of
which is estimated at $4.8 billion.
In a bid to quash allegations that he is connected to dirty
money, Najib's lawyer, Datuk Mohd Hafarizam Harun, said his
client is a member of the administration, and based on
Article 160 (2) of the Federal Constitution, members of the
administration are excluded from the public services
category.
When speaking to reporters outside the High Court,
Hafarizam reportedly argued that there is a difference
between public services, public office, public servants and
members of administration.
“[Najib's lead counsel] Tan Sri Cecil Abraham made the argument
that members of administration are ministers, deputy ministers
and political secretaries, which, therefore, includes prime
ministers and deputy prime ministers,” Hafarizam said, according
to numerous local news reports.
He reportedly added that Abraham said the requirements of the
tort of misfeasance – the wrongful exercise of lawful authority,
as alleged in the lawsuit – were absent.
“We could not find any ingredient that Najib is a public officer;
that he had committed an act that had caused injury; and that the
act by Najib was done with malice,” Hafarizam reportedly
said.
He also reportedly claimed that the lawsuit failed to spell out
how Najib used his powers to cause “injury” to the claimants.
“According to Order 18, Rule 7, of the Rules of Courts 2012, when
you bring a claim, you have to particularise your facts and
particulars,” he reportedly said.
He reportedly continued: “It is our argument that in the
statement of the claim, the plaintiffs have not particularised
how Najib used his power to cause injury to [the claimants] Tun
Mahathir, Datuk Hassan, and Anina Saadudin. We say on that, the
suit should be struck out due to lack of particulars.”
Mahathir, Hassan and Saadudin are said to be seeking exemplary
and aggravated damages of RM2.6 billion and RM42 million.
The court has reportedly scheduled its judgement to an unfixed
date.
Last month,
opposition Malaysian MP Tony Pua filed a civil lawsuit against
Najib and his government that also accused him of wrongly
exercising his lawful authority.
The 110-page claim filed in a Kuala Lumpur court by Pua detailed
how $731 million that allegedly originated from 1MDB was
transferred into Najib's personal bank accounts.