Ex-1MDB CEO Arul Kanda ‘just glad it’s over’ after court bins appeal against acquittal

September 12, 2023

Ex-1MDB CEO Arul Kanda ‘just glad it’s over’ after court bins appeal against acquittal

Earlier today, the Court of Appeal’s three-judge panel unanimously decided to strike off the prosecution’s appeal against both his acquittal and former prime minister Datuk Seri Najib Razak’s acquittal, as it found that the prosecution had failed to meet deadlines to continue the appeal.

Since the appeal was struck out, both Arul Kanda and Najib are now free from charges over the alleged tampering of the auditor-general’s audit report on 1MDB.

When met outside the courtroom, Arul Kanda highlighted that the High Court had acquitted him without even asking him to enter his defence.

“As we know, in the High Court, the defence was not even called, there was no prima facie case. And I think that shows the strength of the position that we have adopted.

“And I think with this certainty today given by the Court of Appeal which correctly applied the law, I feel we have been vindicated and it’s time for me and my family to move on.

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“So I thank the court for making this decision today in accordance with the law and I thank everyone for their kind support throughout this ordeal. And I’m just glad that it’s over,” said Arul Kanda.

Lawyers Datuk N. Sivananthan and Jasmine Cheong represented Arul Kanda today

Arul Kanda’s ordeal started on December 12, 2018 when he was charged with abetting Najib in relation to the alleged tampering of the auditor-general’s audit report on 1MDB before the report could be sent to Parliament’s bipartisan watchdog Public Accounts Committee.

Although Arul Kanda was an accused person who sat in the dock side by side with Najib throughout the trial, the prosecution later also called him to testify as the 15th prosecution witness.

The High Court on March 3 acquitted both Najib and Arul Kanda at the end of the prosecution’s case. This meant that the duo was not asked to present their defence by calling in their own defence witnesses. An acquittal means they are freed from the charges.

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The prosecution on March 9 filed an appeal, but did not file the document required as part of the appeal process — a petition of appeal — within the deadline as required by Section 53 of the Courts of Judicature Act. The prosecution also did not file any application to the Court of Appeal to ask for an extension of time, which resulted in the Court of Appeal striking out the appeal today.

Today, the law firm Shafee & Co in an immediate three-page press statement said the “prosecution’s choice to abstain from pursuing the appeal” or to not proceed with the appeal against the acquittal “underscores the robustness and unimpeachable nature of the High Court’s ruling”.

“It reinforces the unassailable innocence of both our client and Mr. Arul Kanda,” the law firm claimed.

“Given the overwhelming evidence presented in court, charges should never have been filed against our client in the first place. This decision alone has caused additional hardship to our client over the past five years — let alone if the appeal against the acquittal of the High Court decision had continued.

“We extend our gratitude to everyone who strived for the truth and the upholding of justice. We ardently hope that this definitive outcome allows both Dato Sri Najib and Mr. Arul Kanda to proceed with their lives, liberated from these baseless allegations,” the law firm said in the statement.

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Najib, who is currently a prisoner serving his 12-year jail sentence from his conviction in another case involving former 1MDB subsidiary SRC International Sdn Bhd’s RM42 million, was present in the courtroom today.

Najib was dressed in a dark suit with what appeared to be a red tie, and had sat next to Arul Kanda on a bench in the public gallery in the courtroom throughout court proceedings and when the decision was delivered. Prison guards sat around Najib.

Midway during court proceedings, Najib’s wife Datin Seri Rosmah Mansor was seen sitting next to Najib on the same bench.

Najib was represented today by his lead defence lawyer Tan Sri Muhammad Shafee Abdullah, as well as lawyers Muhammad Farhan Muhammad Shafee, Alaistair Brandah Norman, Wan Mohammad Arfan Wan Othman and Umi Nafesah Mohd Noor.