KUALA LUMPUR – The 1Malaysia Development Bhd (1MDB) audit-tampering hearing has been vacated for the second time this week as lead defence counsel Tan Sri Muhammad Shafee Abdullah tested positive for Covid-19 after falling sick on Monday.
Shafee tested positive on Tuesday, further delaying the trial before the high court here, reported Malaysiakini.
On Monday, the senior lawyer was down with a high fever and sore throat, “sounding like Sean Connery”.
The court had set today to hear oral submissions from both parties on the prosecution’s application to call Datuk Seri Najib Razak’s co-accused, Arul Kanda Kandasamy, as their witness.
After today’s case management, fellow defence counsel Wan Aizuddin Wan Mohammed told reporters that judge Mohamed Zaini Mazlan wants to hear the application involving Arul Kanda soonest.
The court set June 14 to hear the witness application, while the trial will resume on July 4 and 14.
Senior deputy public prosecutor Datuk Seri Gopal Sri Ram previously said Arul Kanda might have the information in relation to transactions with Najib, which would affect the outcome of the prosecution of the former finance minister.
In response to the application, Shafee said although the application had been formally made to the court, the prosecution had to meet the requirements of the law.
Najib’s various 1MDB-linked corruption trials had been postponed several times due to illnesses suffered by Najib, lawyers and witnesses.
In March 2019, Najib’s trial involving SRC International Sdn Bhd was postponed when Shafee told the court that he had fractured his hand after being pushed over by one of his guard dogs at his home.
In November 2019, in Najib’s separate 1MDB graft trial, Shafee and one of the prosecution’s witnesses called in sick, causing the trial to be adjourned.
In May 2021, Najib was on sick leave due to eye surgery, and his 1MDB corruption trial was postponed yet again.
Najib, 68, is charged with using his position to order amendments to the 1MDB final audit report before it was presented to the Public Accounts Committee to avoid any action being taken against him, while Arul Kanda, 45, is charged with abetting Najib in making the amendments to the report, to protect Najib from being subjected to action.
The offence was allegedly committed at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Federal Territory of Putrajaya between February 22 and February 26, 2016.
Both of them were charged under Section 23(1) of the MACC Act 2009, which provides for a jail term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction. – The Vibes, June 3, 2022