KUALA LUMPUR, 14 May 2020:
Hollywood producer Riza Shahriz Abdul Aziz, stepson of former prime minister Datuk Seri Najib Razak, has been discharged, but not amounting to an acquittal (DNAA), on money laundering charges involving US$248 million (RM1.25 billion), allegedly misappropriated from 1Malaysia Development Bhd (1MDB) funds.
Judge Azman Ahmad made the ruling after both parties agreed to it following several representations filed by Riza Shahriz against the charges.
“Court DNAA the accused. Bail of RM1 million will be returned to the two bailors,” said the judge.
Earlier, former Federal Court judge Datuk Seri Gopal Sri Ram, who was appointed as senior DPP in the case, informed the court that since the filing of the charges, the accused had made several representations through his solicitors to the relevant authorities.
He said these representations had been considered most carefully by those concerned.
“An agreement has been arrived at between the prosecution and the accused under the terms of which the federal government will receive a substantial sum running into several million ringgit.”
Consequential to the agreement, he said the prosecution would not be proceeding with the charges made against Riza Shahriz pending completion of the terms of the agreement.
“The prosecution with the consent of the accused now respectfully moves the court for an order of discharge not amounting to an acquittal.”
The federal government is expected to recover overseas assets worth an estimated US$107.3 million (RM465.3 million), said the Malaysian Anti-Corruption Commission (MACC) later said in a statement.
The MACC said the agreement between the prosecution and the accused, through representation in court, was a decision considered and agreed by former attorney general Tan Sri Tommy Thomas.
“Under the agreement, the accused is required to pay a compound to the government under Section 92 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which is punitive as an alternative to the charges that have been brought against him.”
Sri Ram said if there is satisfactory completion of the terms of the agreement then appropriate steps would be taken to ensure full acquittal for Riza Shahriz.
“But if there is no satisfactory completion of the agreement reached, the prosecution reserves its right to reinstate the charges and to prosecute the accused to the full limit of the law.”
Riza’s lawyer Datuk Hariharan Tara Singh confirmed to court the agreement read by Sri Ram. The case was set for case management today. The trial of the case has yet to commence.
On July 5 last year, Riza, 43, owner of Red Granite Pictures, pleaded not guilty to five charges of money laundering.
On the first charge, the producer of the Wolf of The Wall Street was accused of being involved in money laundering by accepting proceeds from unlawful activities amounting to US$1,173,104 through a money transfer transaction from an account of Good Star Ltd in RBS Coutts, Zurich, Switzerland, to an account of Red Granite Productions Inc. at City National Bank, Los Angeles, US.
The money was allegedly misappropriated from IMDB funds between 12 April 2011 and 12 May 2011 at City National Bank, Los Angeles Main, 525 South Flower Street, Los Angeles, California.
On the second charge, Riza, who is the son of Datin Seri Rosmah Mansor from her previous marriage, was accused of committing a similar offence involving US$9 million via transfers from the same account on 10 Sept 2012 and 10 Oct 2012 at the same place.
On the third and fourth charges, he was accused of a similar offence involving US$133 million and US$60 million in money transfers from an account belonging to Aabar Investment PJS Ltd at BSI SA, Lugano, Switzerland to account at BSI Bank Ltd, Singapore belonging to Red Granite Capital Ltd.
The offences were allegedly committed at BSI Ltd, 7 Temasek Boulevard, #32-01 Suntec Tower One, Singapore on 18 June 2012 and 23 Oct 2012.
On the fifth charge, Riza was accused of committing a similar offence amounting to US$45 million at the same place on 14 Nov 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 million or imprisonment not exceeding five years, or both upon conviction.
May 16 update:
Former attorney-general Tan Sri Tommy Thomas today reiterated that he did not agree to the dropping of money laundering charges against Riza Shahriz Abdul Aziz, the stepson of former prime minister Datuk Seri Najib Tun Razak.
Referring to a press statement by the Malaysian Anti-Corruption Commission (MACC) on May 14- which stated among others that “the agreement between the prosecution and the accused through representation in court was a decision considered and agreed by the former Attorney General, Tan Sri Tommy Thomas” – the former AG insisted this was not true.
Thomas explained that the only other decision he took in the case against Riza, apart from charging him, was to appoint Datuk Seri Gopal Sri Ram to lead the prosecution team.
“Thereafter I left the day to day handling of the case to him and the deputy public prosecutor (DPP) from Attorney General’s Chambers (AGC) assisting Sri Ram,” he said in a statement to the media.
Thomas said that in a letter dated 18 Nov 2019, solicitors acting for Riza submitted written representations seeking a review of the criminal charges proffered against their client.
“Written representations are received by the AGC on a daily basis from lawyers acting for accused facing criminal trials and appeals. Hence, there was nothing sinister about the sending of representations by Riza’s solicitors. Whether I personally acted in agreeing to their request for a discharge is an altogether separate issue. I did not. It is as plain and simple as that.
“This letter was passed to Gopal Sri Ram to study and to recommend a response to me.”
Thomas further said that on Feb 28, he resigned as attorney-heneral and until his resignation, he had not received any advice from Sri Ram.
“Thus, I did not decide on the representations of Riza prior to my resignation.”
Following his (Thomas’) response, MACC chief commissioner Datuk Seri Azam Baki was reported to have said that the MACC stood by its statement regarding the matter (that Thomas had agreed to Riza being granted the DNAA).
– Bernama