Several criminal law practitioners agree with former prime minister Dr Mahathir Mohamad that Prime Minister Najib Abdul Razak’s conflicting answers on 1Malaysia Development Bhd (1MDB) could be a crime.

Mahathir accused Najib of lying about the whereabouts of 1MDB’s US$1.103 billion (RM3.97 billion) in funds, and as such, had said that this was an offence under Section 218 of the Penal Code.

Criminal lawyer Amer Hamzah Arshad believes what Mahathir said “has some basis” but noted that it could be argued whether Najib, as prime minister, was a public servant or otherwise.