KUALA LUMPUR, March 15 — A star witness in Datuk Seri Najib Razak’s trial over the misappropriation of RM2.27 billion in 1Malaysia Development Berhad (1MDB) funds today denied her testimony was the result of a deal to escape prosecution.
Former 1MDB general counsel Jasmine Loo Ai Swan, the 50th prosecution witness, said this during cross-examination in the High Court today by Najib’s defence lawyer Tan Sri Muhammad Shafee Abdullah.
When pressed by Muhammad Shafee on whether she had ‘made a deal’ with prosecutors and the Malaysian Anti-Corruption Commission (MACC) to have the aforesaid criminal charges indicted against her in 2018 dropped, Loo replied in the negative.
“I am putting it to you that you are fully aware of these (in absentia) charges and you have in fact negotiated with the prosecution in lieu of giving evidence here these charges will be dropped,” Muhammad Shafee said.
“I do not agree,” she replied.
Asked if she had spoken to MACC or prosecutors about her pending criminal case, Loo said she instructed her counsel to deal with the matter upon her return to Malaysia in July 2023.
“Yes I have instructed my lawyers to find out about this case. When I returned, I just attended (existing) investigations,” she said earlier.
Loo said she was aware of the in absentia charges after she had absconded from Malaysia in April 2018, but found it hard to recall the exact details.
According to then Inspector-General of Police Tan Sri Mohamad Fuzi Harun, the two charges against her were proffered under the Anti-Terrorism Financing and Anti-Money Laundering Act for her receipt of US$6 million in an account with the Falcon Private Bank in Switzerland in 2012 and 2014.
She was charged alongside fugitive Malaysian financier Low Taek Jho and other associates including former 1MDB business development director Casey Tang, its previous finance director Terrence Geh, and one Eric Tan.
Regarding the Falcon Private Bank’s account in Switzerland, Loo said the account and its funds totalling US$9 million within were part of the United State Justice Department’s (DOJ) 2020 forfeiture suit for the recovery of assets allegedly associated with the international conspiracy to launder funds misappropriated from 1MDB.
Copies of the consent judgment and related DOJ forfeiture court documents were produced in court as well.
Loo said she was the authorised signatory of the aforesaid bank account where she further added Low had been the one depositing funds into it which the latter claimed was not from 1MDB.
She said a consent judgment of forfeiture was eventually obtained from the United States District Court for the Central District of California in June 2021.
She also contended that Low was already a wealthy individual by the time she was acquainted with him and had not crossed her mind that Low was using monies from 1MDB, since she was led to believe that Low was managing funds for other individuals including having his own investment entities.
Najib’s 1MDB trial before trial judge Datuk Collin Lawrence Sequerah resumes April 1.
