KUALA LUMPUR — Najib Razak is set to face another marathon court session with the start of the 1Malaysia Development Bhd (1MDB) trial on Wednesday (Aug 28), where he was charged with 25 counts of money-laundering and abusing his position as prime minister involving RM2.3 billion (S$760 million).

The 1MDB trial will run until November 14, after which further trial dates will be set. It took court officials more than 30 minutes to read out all 25 charges when he was charged at the Kuala Lumpur Sessions Court on September 20 last year.

Najib faces a total of 42 charges, spread out over five criminal trials. The 1MDB trial involves the biggest amount, with a total of RM2.282 billion that he allegedly received between 2011 and 2014.

Najib also faces six counts of criminal breach of trust involving RM6.6 billion in government funds that was paid out to settle debts with Abu Dhabi sovereign wealth fund International Petroleum Investment Company (IPIC); one abuse of power charge for tampering with the 1MDB audit report; and three money laundering charges involving RM27 million of SRC International funds.

Wednesday's case is also dubbed the 1MDB-Tanore trial by prosecutors as Tanore Finance Corp is the source of the transfer of funds into Najib’s AmIslamic Bank account ending with -694.

The case will be heard before Kuala Lumpur High Court judge Collin Lawrence Sequerah, who has since July rejected applications to postpone the trial. Both prosecutors and the defence wanted the ongoing SRC International trial to conclude first.

The SRC International trial, which is halfway through, saw the prosecution wrapping up its case yesterday with its 57th and final witness.

High court judge Mohd Nazlan Mohd Ghazali, who is hearing the SRC International case, gave both parties four weeks to submit their written submission and another three weeks to reply to each submission.

The hearing of the oral submissions will be on October 22 and the decision whether to acquit or call for the defence is expected on November 11.

For the 1MDB trial, reports have indicated that at least 60 prosecution witnesses will be called, including those who previously testified in the SRC International trial.  

Najib is not only Malaysia's first former prime minister to be criminally charged, he is also its first politician to face multiple criminal trials.

However, the trials will only proceed one at a time as Najib’s right as an accused requires that he be present for all criminal trial hearings, as well as interlocutory matters, to ensure that the proceedings are fair.

The burden of proof will be on the prosecution, who must prove that Najib is guilty beyond reasonable doubt. Najib is presumed innocent until proven guilty.

If Najib is convicted by the high court, he may appeal at the Court of Appeal. If convicted, and because Najib’s offences are bailable, the high court may also allow an application to stay the execution of his jail sentence until his appeals are exhausted at the appellate courts. 

Najib was granted bail of RM3.5 million in two sureties last year for the 1MDB case. He is barred from leaving the country as his passport was impounded but is free to move internally.

The former Malaysian prime minister’s legal team is led by prominent lawyer Muhammad Shafee Abdullah while former Federal Court judge Gopal Sri Ram leads the prosecution. 

Mr Sri Ram, 77, also leads the prosecution in the coming IPIC trial involving Najib and former Treasury secretary-general Mohd Irwan Serigar Abdullah, as well as the corruption and money-laundering case against Najib’s wife Rosmah Mansor and her son, Riza Aziz.

The legality of Mr Sri Ram’s appointment is currently being challenged by Najib and Shafee. THE MALAYSIAN INSIGHT