KUALA LUMPUR, Aug 14 — An application by Datuk Seri Najib Razak to strike out his abuse charge over his alleged role in the tampering of 1Malaysia Development Berhad (1MDB) 2016’s audit report has been dismissed by the High Court here today.
Judge Mohamed Zaini Mazlan, when delivering this judgment this morning, noted that the grounds submitted by Najib’s lawyers, as holistic as they may have seemed, had failed to meet the standards required to grant the dismissal.
He pointed out that such applications aimed at setting aside or quashing a charge should only be allowed in the rarest of circumstances where there could be a miscarriage of justice.
The judge asserted that it was then incumbent on Najib and his lawyers to prove any charge is oppressive or a supposed abuse of the courts through the court process itself.
“The grounds submitted by the applicant, as convincing as he thinks they are, should only be considered at the end of the prosecution’s case, for it would be premature for the court to at this stage consider them without availing itself of all the evidence that the prosecution will submit.
“The grounds do not meet the high threshold required to set aside or quash the charge against.
“The applicant’s application is therefore dismissed,” he said.
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