KUALA LUMPUR: In a landmark decision, the High Court determined that former Prime Minister Datuk Seri Najib Razak was “wilfully blind” to the origins of the 1Malaysia Development Bhd (1MDB) funds.

Judge’s Statements on Financial Responsibility

Justice Collin Lawrence Sequerah, now serving on the Court of Appeal, emphasized that Najib had a responsibility to investigate substantial deposits. Specifically, he noted US$681 million and US$620 million returned to Najib’s account. Therefore, it was crucial for Najib to verify the legality of these funds.

Implications of Najib’s Actions

“The actions of receiving, using, and transferring the proceeds support an inference of the accused’s knowledge regarding all 21 charges of money laundering,” the judge stated in his comprehensive 41-page judgment.

Charges Against Najib

Earlier, the judge ordered Najib, 71, to present his defense against four charges. These charges relate to obtaining RM2.3 billion in gratification from 1MDB funds and 21 money laundering charges tied to the same money. As a result, the judge established a prima facie case for all counts.

Evidence Linking Najib to Illicit Funds

The judge revealed that the US$681 million came from Tanore Finance Corporation’s account at Falcon Private Bank in Singapore and was transferred to Najib’s account. “There is evidence showing that the accused used funds from illegal activities to make payments to various individuals and entities, including Umno,” he explained.

Control Over Accounts

Additionally, Justice Sequerah highlighted that Najib controlled the accounts at AmIslamic Bank. He appointed Nik Faisal Ariff Kamil as a mandate holder but claimed he was aware of the transactions and their intended purposes.

Testimonies Presented

The judge also referenced former Bank Negara governor Tan Sri Zeti Akhtar Aziz. She testified that Najib sought her confirmation of his innocence. Moreover, former Ambank relationship manager Joanna Yu detailed Jho Low’s role in ensuring sufficient funds in Najib’s account.

Tracing the Funds

Finally, the judge noted that ACP Foo Wei Min illustrated how to trace the US$680 million deposited into Najib’s account. This method was essential for differentiating between legitimate and illegal funds. “Based on the evidence, this court finds that the properties resulted from unlawful activity,” he concluded.