1MDB trial: Roger Ng allowed to testify despite US restrictions

New Straits Times

23-04-2025

PUTRAJAYA: Former Goldman Sachs banker Roger Ng Chong Hwa has been allowed to testify in Datuk Seri Najib Razak's corruption trial over the misappropriation of billions of ringgit from 1Malaysia Development Bhd (1MDB) funds.
Presiding judge Datuk Collin Lawrence Sequerah made the ruling despite restrictions imposed on Ng by a United States (US) court, stating that the Malaysian High Court is bound by its own jurisdiction and is not subject to any foreign authority.
Ng was sentenced to 10 years in prison by the US Federal Court in Brooklyn, New York, after being found guilty of helping embezzle billions of dollars from 1MDB.
Sequerah, a Court of Appeal judge sitting as a High Court judge, said the protective order issued by the US court is not binding on Malaysian courts.
He said he would not wait for Ng's lawyer, Datuk Tan Hock Chuan, to request a modification of the protective order from the US court to allow Ng to testify in the trial.
"This is a case of public interest that has dragged on for too long. This court is not prepared to wait for any such modifications," he said today.
Najib's lead counsel, Tan Sri Muhammad Shafee Abdullah, later requested time to interview Ng, and the judge adjourned the trial to the afternoon session.
Earlier, Tan informed the court that his team had been in communication with the US prosecutor, who sent a letter last night — a copy of which was given to the defence — concerning the protective order issued by the Eastern District Court of New York.
He said his client is prohibited from being interviewed or testifying in court regarding information disclosed or submitted to the US defence team.
"The US prosecutor has advised that, after confirmation with the US Department of Justice, the protective order remains in force to this day.
"The US prosecutor also advised that the protective order applies to the entire defence team and to Ng himself.
"Therefore, the US prosecutor advised that an application be made to the Eastern District Court of New York to amend the protective order so that my client can be interviewed," he said.
If Ng were to be interviewed or testify in court, the US prosecutor had warned he could face criminal liability and further legal sanctions, the lawyer added.
Tan said his client is currently appealing to the Court of Appeals and is awaiting a decision.
Ng was sentenced to 10 years' imprisonment by the US Federal Court in Brooklyn after being found guilty of helping embezzle billions from 1MDB.
Chief Judge Margo Brodie had ordered Ng to be handed over to US authorities before being transferred to Malaysian custody.
According to a letter from the US Department of Justice to Judge Brodie, once investigations in Malaysia are complete, Ng is to be returned to the US to serve the remainder of his sentence.
Najib faces four charges of using his position to obtain RM2.3 billion in bribes from 1MDB funds, and 21 charges of money laundering involving the same amount.