The prosecution today said it intends to proceed with its criminal case against former Goldman Sachs banker Roger Ng, even as it dropped all charges against three Goldman Sachs companies over the 2012 and 2013 sale of US$6.5 billion (RM27 billion) worth of 1Malaysia Development Berhad (1MDB) bonds.
Deputy public prosecutor Datuk Masri Mohd Daud asked High Court judge Mohamed Zaini Mazlan to set a new case management date, since Ng was still not yet present and was expected to return to the country in November.
“In this case, the prosecution still intends to continue,” he told the court.
Masri also said that the prosecution may seek to transfer this case to be heard before High Court judge Datuk Muhammad Jamil Hussin, who will be hearing another case involving Ng.
Ng’s lawyer Datuk Tan Hock Chuan then said this was the first time he had heard of the prosecution’s possible plan to transfer the case, and then asked for a case management date.
Zaini then fixed the case for case management on September 10, for both the prosecution and Ng’s lawyers to update on whether they intend to have the case transferred to Jamil’s court or if they need more time to decide.
The other case involving Ng in Jamil’s court is also scheduled for case management on September 10.
Ng was previously charged in Malaysia, before being extradited to the US to face charges there for 1MDB-linked offences.
In the case before Zaini, the charges that Ng is facing four counts of abetting the UK-based Goldman Sachs International in its alleged offences relating to the 1MDB-linked bonds.
The company Goldman Sachs International was previously facing four charges involving the alleged omission of material facts and making untrue statements of material facts in relation to three bonds worth US$6.5 billion that were issued by three 1MDB subsidiaries. Ng was charged in December 2018 under Section 370(c) of the Capital Markets and Services Act 2007 with abetting Goldman Sachs International of committing the alleged offences.
Earlier today, the prosecution, however, informed the High Court that it was dropping all the four charges against Goldman Sachs International, as well as the charges against the company’s Asian entities Goldman Sachs (Asia) LLC and Goldman Sachs (Singapore) Pte for their role in allegedly abetting Goldman Sachs International in the omission and making of untrue statements of material facts in the 1MDB-linked bonds.
The prosecution said it was discontinuing the prosecution against the three Goldman Sachs companies due to “new developments”, but did not elaborate what these new developments were.
With those three cases also being brought before Zaini, he then granted orders to discharge and acquit the three Goldman Sachs companies.
Hisyam Teh Poh Teik, who was representing the three companies, had asked for the court to grant orders of discharge amounting to acquittal for these three Goldman Sachs entities. He confirmed to Malay Mail that each company was acquitted of all four charges each against them, which means the three companies were collectively discharged and acquitted of a total of 12 charges. – MMO