Court rules ex-Goldman Sachs banker can testify in Najib's 1MDB trial
Ex-Goldman Sachs banker Roger Ng was convicted by a New York court of corruption in 2013 and is said to be prohibited from being interviewed and testifying in Najib Razak's 1MDB case, according to his lawyer.
PUTRAJAYA : The High Court here has ruled that former Goldman Sachs banker Roger Ng can testify in Najib Razak's 1MDB trial.
Justice Collin Lawrence Sequerah said the courts in Malaysia were not bound by the protective order issued on July 29, 2019 by New York's eastern district court which tried and convicted Ng for corruption.
'This court cannot wait for a variation to be made (to the protective order).
'This is a public interest case that has been dragged on for too long,' he added.
Earlier today, the court was told that Ng's protective order barred him from being interviewed and giving evidence.
Ng's lawyer, Tan Hock Chuan, said the protective order remained in force despite the fact that the case against Ng in New York concluded in 2023. He added that Ng's appeal is pending a decision.
'The American lawyers who handled his trial have advised us that he would be exposed to criminal liability if he were to testify here.
'Criminal sanctions can be taken and whatever he says here may be used against him for the appeal,' Tan said.
The lawyer said his American counterpart intended to file a motion to vary the protective order to allow Ng to testify in Najib's defence.
However Najib's lawyer Shafee Abdullah said the protective order did not cover documents and exhibits tendered in Ng's corruption case or matters that he might recall from his personal experience prior to the date of the order.
Shafee added that under 132(2) of the Evidence Act 1950, no answer which a witness shall be compelled by the court to give shall subject him to any arrest or prosecution, except where the evidence given is false.
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