The controversial deal struck between the attorney-general/prosecution and Riza Shahriz Abdul Aziz in his RM1.1 bill money-laundering case should be rescinded in the interest of the public, said prominent constitutional lawyer Gurdial Singh Nijar.
Riza was facing maximum jail terms of 75 years and maximum fines of RM5.5 bil on the charges.
Gurdial told FocusM that in light of the confusion surrounding the case amid the abrupt resignation of former AG Tan Sri Tommy Thomas and the appointment of current AG Tan Sri Idrus Harus and the absence of a written record of what transpired, there are grounds for the court to rescind the order made.
Idrus had reportedly said that the decision to grant a discharge not amounting to an acquittal to Riza had the acquiescence of former AG Thomas. This was something that Thomas had vehemently denied twice.
Gurdial said: “Yes, I believe on a careful analysis of the case and how it came about, the offer can be rescinded.
“The confusion was caused by the abrupt resignation of the AG and the new AG taking office midstream of the case and representation; the absence of a full written record of what transpired coupled with the contradictory statements from the various parties; also the seeming inequity and unfavourable nature of the deal. Public interest demands that the deal be rescinded and the prosecution restored to the status quo ante.”
Riza, the stepson of Datuk Seri Najib Razak, has been given a discharge not amounting to an acquittal by the Sessions Court over five counts of money-laundering charges involving US$248 mil (RM1.1 bil) linked to 1Malaysia Development Bhd (1MDB) last week.
Sessions Court judge Azman Ahmad made the ruling after both parties reached an agreement through a representation sent to the Attorney-General’s Chambers. Under the deal, Riza will merely relinquish his rights over some US$108 mil in assets, most of which have been seized by the US Department of Justice (DOJ), in return for the acquittal.
The deal was heavily criticised because it was far lower than the maximum sentences of up to 75 years in jail and RM5.5 bil in fines. It also did not even involve Riza taking any money out but instead relinquishing his rights, if he had any in the first place, to the seized assets which would have been returned to Malaysia anyway.
The DOJ had a legal right to seize the assets because they were bought with money stolen from 1MDB, the total amount of which the DOJ said amounted to US$4.507 bil. The DOJ had established that 1MDB fugitive mastermind Jho Low had transferred US$238 mil to Riza from stolen 1MDB money.
Deputy public prosecutor Datuk Seri Gopal Sri Ram, who led the prosecution, read a statement to the court, saying Riza has made several representations since he was first charged.
He added that as a consequence of the agreement, the charges framed against Riza would not be proceeded with pending the completion of the agreement.
After the statement was read, Azman then made the order for discharge not amounting to an acquittal. The court also ordered for Riza’s RM1 mil bail in two sureties to be returned.
On July 5 last year, Riza, the owner of Red Granite Pictures, pleaded not guilty to five charges.
On the first charge, the producer of Wolf of Wall Street was accused of being involved in money-laundering proceeds from unlawful activities amounting to US$1,173,104 via a transaction made from an account with the number 11116073, which belonged to Good Star Ltd at RBS Coutts, Switzerland to account number 123248291 of City National Bank, Los Angeles belonging to Red Granite Productions Inc.
The money was allegedly misappropriated from 1MDB funds between April 12 and May 12 at City National Bank, Los Angeles Main, 525 South Flower Street, Los Angeles, California.
On the second charge, Riza, who is the son of Najib’s wife Datin Seri Rosmah Mansor from her previous marriage, was accused of committing the same offence involving US$9 mil via transfers from the same account on Sept 10, 2012 and Oct 10, 2012, at the same premises.
On the third and fourth charges, he was accused of the same offence involving US$133 mil and US$60 mil in money transfers from account number 81134378 belonging to Aabar Investment PJS Ltd, at BSI SA, Lugano, Switzerland to account number 6C02250A at BSI Bank Ltd, Singapore belonging to Red Granite Capital Ltd.
The offence was allegedly committed at BSI Ltd, 7 Temasek Boulevard, #32-01 Suntec Tower One, Singapore on June 18, 2012 and Oct 23, 2012.
On the fifth charge, Riza was accused of committing the same offence amounting to US$45 mil at the same venue on Nov 14, 2012.
The charges were framed according to Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which carries a fine not exceeding RM5 mil or five times the amount of money laundered, whichever is higher and imprisonment not exceeding 15 years on each charge, or both upon conviction. – May 19, 2020
