Najib is not part of 1MDB probe, says Swiss A-G’s Office

KUALA LUMPUR — Malaysian Prime Minister Najib Razak is not one of the suspected public officials in Switzerland’s criminal investigation into 1Malaysia Development Berhad (1MDB), said the Swiss Attorney-General’s Office.

This comes as two former members of the ruling United Malays National Organisation (UMNO) yesterday questioned Malaysian Attorney-General Mohamed Apandi Ali’s decision not to press charges against Mr Najib, as well as his orders to the Malaysian Anti-Corruption Commission (MACC) to close anti-graft investigations against the Premier.

“In the ongoing criminal proceeding of the OAG, Mr Najib is not one of the public officials under accusation,” Mr Andre Marty, spokesman for the Office of the Attorney-General in Switzerland (OAG), told business publication Nikkei Asian Review.

Last Friday, Swiss Attorney-General Michael Lauber publicised a request for Malaysia’s aid with his office’s probe into state investment firm 1MDB that revealed suspected misappropriation of about US$4 billion (S$5.7 billion) from Malaysian state companies, as part of criminal proceedings Switzerland opened last August against two former 1MDB officials and “persons unknown”.

Mr Marty said the term “persons unknown” in Swiss law referred to criminal proceedings where there is reasonable suspicion that an offence has been committed, but the accused was not known.

Both the Monetary Authority of Singapore (MAS) and the Commercial Affairs Department (CAD) said in a joint statement on Monday that they have seized a “large number” of bank accounts and are interviewing various individuals in connection with their probes into 1MDB.

However, 1MDB said it had not been contacted by any foreign legal authorities on any matters related to the company.

Meanwhile, former Malaysian de facto law minister Zaid Ibrahim filed an application for a judicial review over Mr Apandi’s decision to drop charges against Mr Najib, as well as the latter’s order for the MACC to close two cases against the Premier.

In a press statement, Mr Zahid said that he filed the application on the grounds that the Attorney-General’s decisions on a US$681 million donation, and a separate deposit of US$9.8 million into Mr Najib’s bank account from SRC International — a former 1MDB subsidiary — were unreasonable and constituted “improper exercise of discretion”.

“I have been forced to initiate these proceedings as I am rightfully concerned about the dire consequences to the rule of law in this country if the decision of one man cannot be questioned regardless of the facts and the circumstances of the case,” he said in a statement uploaded on his blog.

Mr Zaid, who left UMNO in 2008 and subsequently joined Parti Keadilan Rakyat (PKR), but has since left the opposition party, said the Attorney-General does not enjoy “absolute discretion”, as the discretion afforded him in Article 145(3) of the Malaysian Federal Constitution indicates his duties must be exercised with due consideration of public interest as well as with a sense of justice.

Separately, whistleblower Khairuddin Abu Hassan lodged a report against Mr Apandi for abuse of power with the MACC yesterday, urging the anti-graft body to investigate the latter over his decision not to prosecute Mr Najib.

“We’re asking MACC to investigate whether there has been any element of abuse of power or criminal negligence on the part of the Attorney-General in absolving the Prime Minister of two major issues, which have driven our country apart,” he said.

He also said he is planning to seek a judicial review of Mr Apandi’s decision to clear Mr Najib.

“I will submit an affidavit to court seeking judicial review, either tomorrow (today) or Thursday. I will announce the details later,” Mr Khairuddin said yesterday. AGENCIES