Why was Najib Razak acquitted in the 1MDB report trial?

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Najib Razak Acquitted in 1MDB Report Trial

The High Court acquitted former prime minister Datuk Seri Najib Razak and former 1MDB CEO Arul Kanda Kandasamy in the trial concerning the removal of key information from the Auditor-General’s 2016 report on 1Malaysia Development Berhad (1MDB). This decision was based on the High Court's finding that the prosecution had not established a prima facie case, meaning there was insufficient evidence to require the defence to present its case. The prosecution has indicated it will study the grounds of judgment and consult with the attorney general regarding a potential appeal.
Insufficient Prima Facie Case Established

Justice Mohamed Zaini Mazlan ruled that the prosecution failed to prove a prima facie case against Datuk Seri Najib Razak. In Malaysian legal proceedings, establishing a prima facie case means presenting enough evidence for the court to believe a crime has been committed, thus requiring the defence to answer the charges. The failure to meet this threshold led to the acquittal of both Najib Razak and Arul Kanda Kandasamy, who was accused of abetting the former prime minister.
Charges Related to Auditor-General's Report

The trial centred on allegations that Datuk Seri Najib Razak orchestrated the removal of specific key information from the Auditor-General's 2016 report concerning 1Malaysia Development Berhad (1MDB). This report, compiled by the Auditor-General's Department, is a critical document that scrutinises government expenditures and financial dealings. The prosecution's case aimed to demonstrate Najib Razak's involvement in altering the report's contents before its tabling.
Prosecution's Next Steps on Appeal

Following the acquittal, deputy public prosecutor Kamal Baharin Omar confirmed that the prosecution would thoroughly examine the grounds of judgment provided by the High Court judge. This review will inform a decision, in consultation with the attorney general, on whether to file an appeal against the acquittal. Historically, the Attorney General's Chambers (AGC) has a practice of reviewing all criminal trial losses and often notifies the court of their intent to appeal.
Standard Procedure for Appeals

The practice of appealing acquittals in criminal trials is described as almost automatic in Malaysia, as disclosed by former attorney general Mohd Apandi Ali. This procedure typically involves the public prosecutor filing a notice of appeal even before receiving the detailed grounds of judgment. Subsequently, the AGC obtains a signed copy of the judge's grounds to conduct a comprehensive study before deciding whether to proceed with the appeal, ensuring that decisions are based strictly on facts and law.

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Why was Najib Razak acquitted in the 1MDB report trial?

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