AGC files appeal against acquittal of Najib, Arul Kanda

The Attorney-General’s Chambers has filed a notice of appeal to reverse the High Court's decision to acquit and discharge Najib Razak and former 1MDB CEO Arul Kanda Kandasamy in the 1MDB audit report tampering case. 

A source from the prosecution who confirmed the matter said the notice was filed today.

The prosecution had 14 days to file a notice of appeal for the Court of Appeal to overturn the High Court’s verdict.

On March 3, judge Mohamed Zaini Mazlan who is currently a Court of Appeal judge ruled that the prosecution had failed to establish a prima facie case against the duo at the end of its case.

Zaini said Arul Kanda, who was called as a prosecution witness, had made a truthful and full discovery during the trial.

Najib, who is currently serving a 12-year jail sentence at Kajang Prison for misappropriating SRC International funds, was charged with using his position to order amendments to the final 1MDB audit report before it was presented to the Public Accounts Committee, to avoid any action against him.

Arul Kanda was charged with abetting Najib in making the amendments to the report, to protect Najib from being subjected to action.

The offence was allegedly committed at the Prime Minister's Department Complex, Federal Government Administrative Centre, Putrajaya, between Feb 22 and 26, 2016.

They were charged under Section 23 (1) of the Malaysian Anti-Corruption Commission Act, which provides for a jail term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.