Law don says Putrajaya should disclose charges against Roger Ng to avoid double jeopardy after US 1MDB conviction
KUALA LUMPUR, Oct 7 — The Malaysian government should make known its plans for former Goldman Sachs banker Roger Ng who is set to be repatriated home after a US court found him guilty of abetting in the theft of billions of ringgit from state-owned 1Malaysia Development Bhd (1MDB).
International Islamic University Malaysia legal adviser Professor Nik Ahmad Kamal Nik Mahmod said authorities here must take care to avoid charging Ng twice for the exact same offences as in the US, The Star reported today.
“This question needs to be resolved first. But, if the charges are different, then there will be no issue of double jeopardy,” he was quoted as saying.
Double jeopardy is a legal principle that prohibits a person from facing trial twice for the same offence as part of the justice process.
Ng, formerly the Malaysian head of investment banking in Goldman Sachs, had already been tried in a US federal court which convicted him in March of conspiring to steal US$35 million (RM165 million) from 1MDB, and was sentenced to serve 10 years in prison there.
However, his prison term in a US jail was deferred after Malaysia sought his return to face 1MDB charges here.
Following bilateral negotiations between the two governments, a US federal court granted an order last Thursday for the US Marshals Service to hand over Ng to Malaysian authorities.
It is unclear if a date has been set for Ng’s repatriation from the US to Malaysia.
Nik Ahmad told The Star that the two governments will need to discuss the options for Ng to serve his sentence.
“Regarding which sentencing he needs to serve first, Malaysian and United States authorities will need to negotiate this and see what would be the best decision in this case.
“He could either be transferred to the United States first and then come back to Malaysia to finish all his sentences, or the other is he may complete all his sentences in one country, either in Malaysia or the United States,” Nik Ahmad was quoted as saying.
He added that Ng has the right to contest the court's decisions, which could keep him out of jail longer as he exhausts his legal options through bail applications and appeals.
An anti-corruption activist also told The Star that the Malaysian government needs to clarify if it plans to charge Ng locally, or to use him to charge other figures linked to the 1MDB financial scandal.
“It must be noted that American prosecutors reportedly opposed the repatriation of Ng as it would delay him from serving his 10-year prison sentence in the United States.
“Therefore, it is imperative that the Malaysian public be informed of the government’s plans once he returns to Malaysia,” Pushpan Murugiah, chief executive of the Centre to Combat Corruption and Cronyism, was quoted as saying.
“Will he be allowed to walk free for an indefinite period of time while a pending prison sentence awaits him in the United States, or will he also be charged in domestic courts in a bid to create a symbolic sense of justice for a nation wronged by his actions?”
Ng has been the only Goldman Sachs staff convicted and sentenced to jail in the 1MDB scandal to date.
His former boss, Tim Leissner, pled guilty to taking part in the 1MDB foreign bribery fraud and money laundering in August 2018 but cooperated with US prosecutors and became its star witness against Ng.
Leissner was ordered by a US federal court last March to forfeit US$43.7 million (RM195 million) in cash as well as all 3.3 million shares in fitness drink company Celsius Holdings Inc in relation to the 1MDB case.
Former prime minister Datuk Seri Najib Razak has been tried and convicted of abusing his authority to misappropriate RM42 million belonging to SRC International Sdn Bhd, a former 1MDB subsidiary, and is currently serving time in Kajang Prison.
He is still on trial for an array of charges related to 1MDB.
Former fugitive 1MDB lawyer Jasmine Loo, had surrendered herself to the authorities in July and has been reported to be cooperating with investigations. There has been no news so far if she will be charged.
Flamboyant Penang-born businessman Low Taek Jho, better known as as Jho Low, described as the mastermind behind the 1MDB scandal and is wanted by the authorities, is still at large.
