The High Court has ordered 1Malaysia Development Berhad (1MDB) to provide former prime minister Datuk Seri Najib Razak with several sets of documents linked to recovered monies and assets in the ongoing US$8 billion civil suit.
Judicial Commissioner Redzuan Idrus allowed Najib’s discovery application and issued an interlocutory order in the case brought by 1MDB and four of its subsidiaries against him and seven former senior officials of the state investment firm.
The court approved five out of 20 categories of documents requested by Najib, specifically items 1, 2, 3, 10 and 11, which relate to asset recovery, legal proceedings, and settlement agreements.
Among the approved requests are documents on monies and assets recovered or repatriated, records of legal actions taken or settled against third parties, as well as evidence of restitution efforts linked to 1MDB funds.
The court also allowed access to materials concerning settlements or compromises reached with any party, including the terms and conditions of such agreements, which must be furnished within 21 days under a protective order.
However, the court rejected the remaining requests, ruling that they were too broad and amounted to a “fishing expedition” involving sensitive information.
Justice Redzuan said the rejected categories lacked sufficient specificity and could interfere with confidential negotiations and matters related to mutual legal assistance processes.
The court also dismissed Najib’s bid to strike out the lawsuit if 1MDB failed to comply with the document production order.
In his application, Najib argued that the requested documents were essential and could potentially impact 1MDB’s case while supporting the defence.
He further noted that 1MDB and the government had recovered an estimated RM29.7 billion in assets and initiated multiple legal actions worth about RM26.2 billion against various parties.
The suit, filed on May 7, 2021, also names several former 1MDB executives, including individuals who are currently untraceable, alongside other senior figures linked to the company’s past operations.
Legal teams for both sides were represented by senior counsel Tan Sri Muhammad Shafee Abdullah for Najib, and lawyers Lee Shih and Raphael Kok for 1MDB and its subsidiaries.
The case remains ongoing as proceedings continue before the High Court.
