PUTRAJAYA, Feb 21 — Former prime minister Datuk Seri Najib Razak is trying to fish for evidence by seeking all the 1Malaysia Development Berhad (1MDB) meeting minutes from 2018 to 2024 while defending himself in his trial involving RM2.27 billion of 1MDB funds, the government-owned company told the High Court today.
In his 1MDB trial, Najib’s lawyers served subpoenas on two 1MDB company secretaries, requiring them to appear in court as defense witnesses and bring all 1MDB meeting minutes from 2018 to 2024. However, 1MDB’s lawyer, Datuk Lim Chee Wee, objected to this request today and asked the High Court to set aside Najib’s subpoenas for the two company secretaries.
Lim listed three reasons for 1MDB’s application to set aside those two subpoenas, including the 1MDB board meeting minutes being confidential documents that are covered under litigation privilege and legal professional privilege.
He said the post-2018 1MDB board meeting minutes include legal advice by lawyers to 1MDB on the launching and withdrawal of lawsuits; meetings where the Attorney General’s Chambers representatives were present; and also covered government-to-government communications to recover 1MDB assets through civil forfeiture actions.
While Najib’s lawyers previously told the High Court that it wants to get the 1MDB minutes from 2018 to 2024 to challenge the credibility of some prosecution witnesses and to find out why 1MDB had dropped some lawsuits, Lim said that it is up to 1MDB to choose who it wants to sue or not to sue.
He said 1MDB had not waived its privilege over the matters covered in the post-2018 1MDB board minutes, and that is why Najib should not be given access to those documents through the subpoenas.
Lim said the second reason was that the 1MDB board meeting minutes that Najib wants to have access to are “irrelevant” to the charges that he is facing in the 1MDB trial.
He said this is because the charges against Najib are related to events that took place before 2018, while the 1MDB board meetings from 2018 to 2024 are about 1MDB’s efforts to recover its assets.
“We say that the minutes are irrelevant as the minutes concern asset recovery efforts and general administrative matters of 1MDB. We say this is clearly a fishing expedition,” he argued.
As for the third reason, Lim contended that Najib’s attempt to obtain the 1MDB minutes from 2018 to 2024 is an abuse of court process.
Lim pointed out that 1MDB has filed separate lawsuits against Najib, Najib’s stepson, and his wife, and that Najib’s lawyers in the 1MDB trial are also the same lawyers for these lawsuits.
In its written submissions, 1MDB said litigation strategy would be discussed during its board meetings, and that Najib’s bid to get the post-2018 board meeting minutes is an attempt to get information about the company’s litigation strategy against him and his family members.
1MDB was also represented today by lawyer Pang Huey Lynn.
Najib’s 1MDB trial before trial judge Datuk Collin Lawrence Sequerah will resume next Monday, with Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah expected to respond to 1MDB’s arguments today.
