Kuala Lumpur: The High Court was told today that Datuk Seri Najib Tun Razak had the authority to reject any financial decisions made by the board of directors of 1Malaysia Development Berhad (1MDB). Former head of Bukit Aman’s Commercial Crime Investigation Department (CCID) R. Rajagopal stated that any decision with major implications on the country’s economy had to be referred to Najib in his capacity as the prime minister.
According to BERNAMA News Agency, the 11th defence witness made these statements during re-examination by Najib’s counsel, Tan Sri Muhammad Shafee Abdullah, at the former premier’s trial for the alleged misappropriation of RM2.3 billion in 1MDB funds. During the trial, Muhammad Shafee questioned what would happen if Najib refused a decision, to which Rajagopal responded that the decision would have to go back to the board of directors and the shareholder, who would need to justify the need for approval.
During the course of the trial, it was noted that Najib held three key roles in the sovereign wealth fund. He was the sole shareholder in his capacity as Finance Minister, as 1MDB was a company under the Minister of Finance Incorporated, the chairman of the 1MDB Board of Advisors, and the Prime Minister at the time.
Further questioned by Muhammad Shafee, Rajagopal mentioned that over his investigation of many years into 1MDB, there was no direct evidence to show that Najib had instructed for the company’s funds to be used for his personal benefit. The retired police officer clarified that based on the company’s memorandum and articles of association, any transaction must be decided by the board of directors and approved by the shareholder.
Rajagopal also added that during his investigations, which he took over in September 2015, neither he nor his team received any instructions to withhold or delay the 1MDB investigations. On October 30 last year, Judge Datuk Collin Lawrence Sequerah ordered Najib to enter his defence after ruling that the prosecution had established a prima facie case against him.
Najib, 71, faces 25 charges, including four counts of abusing his position to accept RM2.3 billion in bribes from 1MDB funds and 21 charges of money laundering involving the same amount. The hearing continues tomorrow.