Arul Kanda is seen at the Kuala Lumpur Court Complex on March 3, 2023. – Bernama photo
PUTRAJAYA (Sept 12): Former prime minister Datuk Seri Najib Razak and 1MDB’s former CEO Arul Kanda Kandasamy will both remain free from charges over the alleged tampering of the auditor-general’s audit report on government-owned firm 1Malaysia Development Berhad (1MDB), due to the prosecution’s failure to meet deadlines to continue the appeal against the duo’s acquittal.
The Court of Appeal today struck off the appeal as the prosecution had failed to file the required papers within the deadline to continue the trial, and as the prosecution had also failed to file any application to extend the deadline to file in the papers.
The Court of Appeal panel composed of judges Datuk Hadhariah Syed Ismail, Datuk Ahmad Zaidi Ibrahim and Datuk Azmi Ariffin made the unanimous decision to strike off the appeal.
After standing down for 15 minutes to deliberate on the prosecution’s attempt to ask to be allowed to file for a deadline extension, the panel of judges returned with Hadhariah firmly saying that the law must be followed when it involves filing deadlines for appeals.
“Based on the chronology of events, we find that in this case there has been three case managements on July 21, August 28 and August 30. During those three case management dates, the appellant was instructed to file the petition of appeal. But the appellant failed to comply with court orders,” the judge said when delivering the unanimous decision, referring to the prosecution as the appellant.
“According to the law, when a petition of appeal fails to be filed within the timeline fixed and no application for extension of time is made for the filing of the petition of appeal, then that appeal is deemed to have lapsed and been withdrawn (luput dan terbatal). That is the legal provision,” the judge said.
For Najib’s and Arul Kanda’s case, the judge said the prosecution had already missed the deadline by more than two months, as it was required to file the petition of appeal — the document needed to continue the appeal — by July 6.
“Any application for extension of time should be done before the end of the deadline for the filing of petition, in this case, the last date to file the petition is July 6, 2023. Until today, September 12, 2023, it is already late by more than two months.
“Until today, an application for extension of time still has not been made.
“Because this case has been brought before this panel, we wish to make an order that these two notices of appeal be struck out,” the judge said.
“Kita ikut law (we follow the law), okay,” the judge concluded.
After the High Court acquitted Najib and Arul Kanda on March 3 without requiring them to enter their defence, the prosecution filed the appeal against their acquittals on March 9 this year.
The appeals were filed via a notice of appeal, but the prosecution was required to file a petition of appeal as part of the appeal process within the deadline set under the law.
In this trial, Najib was accused of having abused his position as prime minister and finance minister between February 22 and February 26, 2016, by allegedly instructing for amendments to the 1MDB audit report — which was already ready to be presented to the PAC — before it was finally presented to the PAC.
Najib is accused of having done so to protect himself from civil or criminal action over his role in the handling of 1MDB operations.
Former 1MDB CEO Arul Kanda Kandasamy was on trial as he was accused of abetting Najib, but later testified as a prosecution witness. – Malay Mail