1MDB trial: witness’ failure to give clear answers irks Najib’s defence

KUALA LUMPUR – Lawyers in Datuk Seri Najib Razak’s 1Malaysia Development Bhd (1MDB) trial traded barbs following prosecution witness Datuk Siti Zauyah Md Desa’s written testimony over supposed due diligence in relation to a US$3 billion (RM13.4 billion) loan that was approved by the government via a support letter back in 2013.

During cross-examination, defence counsel Wan Aizuddin Wan Mohammed questioned Siti Zauyah – who was then attached to the Loan Management, Financial Market and Actuary Division under the Finance Ministry – on whether Najib had actually ordered her department to forgo due diligence for the loan.

Najib had allegedly signed the letter of support for the loan in his capacity as finance minister back in 2013.

In her written testimony to the court, Siti Zauyah stated that her department had not received any information on the letter of support and denied her department had issued said document.

Wan Aizuddin: I put it to you that your allegations (that Najib ordered for no due diligence to be carried out), have no basis.

Siti Zauyah: No, we have to conduct due diligence.

Wan Aizuddin: I know but you said the PM (allegedly) said there is no need for due diligence to carry out, what is this based on?

This then led deputy public prosecutor Nadia Mohd Izhar to clarify that Siti Zauyah testified that her department received no information on the letter of support rather than outright stating that Najib had ordered for due diligence on the loan to be bypassed.

Senior deputy public prosecutor Datuk Seri Gopal Sri Ram also cautioned Wan Aizuddin, stating that he was “misleading the witness”.

Wan Aizuddin simply retorted that “It is your witness’ silence that is misleading me.”

“Thank you to my learned colleagues who posited that her written witness statement is more accurate than her own (oral) statement to the court,” said Wan Aizuddin in jest.

Throughout his cross-examination, Wan Aizuddin had repeatedly insinuated that Siti Zauyah had given a “loaded statement” to the court. 

This is after Siti Zauyah herself had admitted last week that her written statement was not done in her presence.

Earlier in the day, Wan Aizuddin appeared to be frustrated over Siti Zauyah’s inability to clarify her own written testimony to the court, as she repeatedly pleaded ignorance or was unable to provide clear answers. 

Wan Aizuddin had questioned Siti Zauyah on a series of letters issued by the Finance Ministry or the finance minister to Datuk Shahrol Azral Ibrahim Halmi between 2010 and 2013.

However, Siti Zauyah often answered questions by stating “I don’t know” or “I don’t remember” and even chose to be silent on certain questions, leading a frustrated Wan Aizuddin to inform the court that he will instead submit a written submission on the matter.

Despite being determined to receive a proper answer, Wan Aizuddin was often heard sighing each time Siti Zauyah had failed to do so.

Siti Zauyah was even asked by Wan Aizuddin whether she could agree that Najib was the finance minister at the time, to which she remained silent.

The 63-year-old former civil servant was also silent when asked about the exact scope of her duties during her time with the Finance Ministry.

High court judge Datuk Collin Lawrence Sequerah had even ordered Wan Aizuddin to move on each time Siti Zauyah had failed to provide an answer.

“This is going nowhere. Just write in submissions and move on,” the judge said.

Najib, 69, is facing four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount. – The Vibes, September 5, 2022