KUALA LUMPUR: The Attorney-General's Chambers (AGC) is seeking to amend the charges against Datuk Seri Najib Razak for misappropriating 1Malaysia Development Berhad (1MDB)'s funds.
The prosecution, at the onset of the trial today, applied to amend the amount in two money laundering charges and one power abuse charge faced by the former prime minister.
Deputy public prosecutor Kamal Baharin Omar said the application (to amend the charges) was done under Article 145 of the Federal Constitution read together with Section 376 of the Criminal Procedural Code.
Counsel Tan Sri Muhammad Shafee Abdullah who appeared for Najib, objected to the application.
In summary, the prosecution sought to reduce the amount in the power abuse case from RM49,930,985.70 to RM 44,570,920.70.
As for the money laundering charges, the prosecution applied to amend the amount in the 10th and 12th charges, reducing them from RM652,600,000 to RM515,666,277.51 and from RM12,436,711.87 to RM11,411,646.34, respectively.
Kamal in his submission said the power abuse charge was related to the purchase of the Aabar options by 1MDB.
He said these options were given to Aabar in 2012 allegedly as part consideration for International Petroleum Investment Company (IPIC)'s guarantee for the notes that raised US$ 3.5 billion.
"In May and August 2014, 1MDB through its subsidiary 1MDB Energy Holdings Ltd obtained two loans totalling US$ 1.225 billion from Deutsche Bank AG.
"From these two loans, Najib received a sum of RM49, 930,985.70 between June 23 and Dec 19, 2014.
"However, on Oct 9, this year, witness Adam Ariff Mohd Roslan, an analyst from Bank Negara Malaysia, testified, that out of the RM45,837,485.70 which were credited into Najib's account, RM5,360,065.00 came from an unknown source which cannot be confirmed due to limitation of documents," he said.
He said the prosecution sought to amend the charge to make it absolutely clear the amounts that were credited into the accused AmIslamic bank which constitutes the offence in question.
Kamal said the discretion of the public prosecutor to amend charges was unfettered and it could be exercised at any time during the trial.
"The amendment will in no way cause any prejudice or disadvantage the accused as the accused will be given every opportunity to mount his defence.
"The amendment to the charge does not have the effect of changing the nature of the offence or having the effect of opening up a new trial," he said.
Meanwhile, Shafee, when objecting, said the defence needed more time to examine the prosecution's application.
"We will prepare our submission and argue in court tomorrow," he said.
Najib, 70, is facing four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount.