Why must Najib enter his defence for all 25 charges?

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Najib Must Defend Himself Against All 25 Charges in the 1MDB Trial

The High Court has ordered former prime minister Datuk Seri Najib Razak to enter his defence for all 25 charges in the 1MDB trial, after finding that the prosecution has successfully established a prima facie case. Najib has opted to testify from the witness stand for all four power abuse and 21 money-laundering charges. The judge dismissed the defence's arguments that the charges were legally flawed, concluding that they met the necessary criteria without prejudicing Najib.
Prima Facie Case Established for All Charges

Justice Collin Lawrence Sequerah stated that the prosecution has presented sufficient evidence to prove a prima facie case for each of the 25 charges against Najib. This signifies that the prosecution has demonstrated the essential elements of each offence, thereby necessitating Najib to present his defence. The judge found that the prosecution's evidence and witness testimonies provided a basis for all charges, including the alleged transfer of 1MDB funds amounting to RM2.27 billion into Najib's personal bank accounts.
Elements of Power Abuse Charges Proven

For the four charges of power abuse, the court considered evidence and testimonies indicating that funds belonging to 1MDB and its associated companies were traced and found to have entered Najib's personal bank account. Specific instances, such as an event on September 26, 2009, involving 1MDB chairman Tan Sri Mohd Bakke Salleh and fugitive businessman Low Taek Jho with Najib on the line, were cited. The judge noted that despite public knowledge of the 1MDB scandal by 2015, Najib did not instruct any reports to be lodged with authorities, and efforts to seek clarification from him regarding 1MDB matters went unheeded.
Elements of Money Laundering Charges Proven

Regarding the 21 money-laundering charges, the judge found that the prosecution had successfully demonstrated the three key ingredients required. These include the act of money laundering itself, the assertion that the laundered money originated from unlawful activities, and Najib's knowledge that the funds were derived from such activities. The court found that the prosecution's evidence established these elements, compelling Najib to defend himself against these accusations.
Rejection of Defence's Preliminary Arguments

The High Court rejected the defence's contention that the 25 charges were defective, duplicitous, ambiguous, or legally unsound. Justice Sequerah ruled that all charges fulfilled the necessary legal requirements and did not cause prejudice to Najib. Furthermore, the judge found the prosecution's witnesses to be credible, dismissing claims of a biased investigation or that key witnesses were accomplices motivated to frame Najib. The judge also addressed the admissibility of evidence obtained from other countries and evidence related to hearsay statements, finding them permissible under the law.

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Why must Najib enter his defence for all 25 charges?

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