Malaysia

Making Arul Kanda testify in 1MDB audit trial shows his role negligible: lawyer

Ex-1MDB CEO may be acquitted if evidence he gives is satisfactory, says Datuk N. Sivananthan

Updated 4 years ago · Published on 25 Jun 2022 8:00AM

Making Arul Kanda testify in 1MDB audit trial shows his role negligible: lawyer
Arul Kanda Kandasamy is set to take the stand again on July 4, but it is not confirmed if he will be required to testify again in the future. – Bernama pic, June 25, 2022

by Amar Shah Mohsen

KUALA LUMPUR – The prosecution team’s request to have former 1Malaysia Development Bhd chief executive officer Arul Kanda Kandasamy take the witness stand against Datuk Seri Najib Razak shows the former played a peripheral role in the case, said Arul Kanda’s lawyer Datuk N. Sivananthan.

Sivananthan made the deduction after his client, a co-accused alongside Najib, was ordered to testify in the national sovereign fund’s audit report trial.

Speaking to The Vibes, Sivananthan noted how the prosecution had clearly stated that it wanted Arul Kanda to fill in some of the gaps of the events that transpired in February 2016, when a 1MDB audit report was supposedly tampered with. 

This, the legal eagle said, suggested that any evidence that Arul Kanda has would prove to be crucial in the case against Najib. 

“And from my client’s perspective, the fact that the prosecution made an application to use him as a witness also suggests that in their view, his role in this particular case is negligible or minimal.”

Earlier yesterday, high court judge Mohamed Zaini Mazlan allowed the prosecution’s bid to call Arul Kanda to testify against Najib after finding the application to be in order. 

Sivananthan said he sees this as a positive development, noting that Arul Kanda could be acquitted and discharged if the judge is satisfied with his oral evidence. 

“The judge will have to determine at the end of the prosecution’s case if he has made full discovery of all matters he was aware of. 

“It doesn’t mean it must benefit the prosecution, just that he must be telling the truth. 

“For all we know, his testimony may even be beneficial for Najib. But as long as he gives the whole truth, he is entitled to a certificate of indemnity, automatically resulting in his acquittal,” he said. 

Datuk Seri Najib Razak, 68, has previously been charged with abusing his position to order amendments to the 1MDB final report prior to it being presented to the Public Accounts Committee to avoid any action being taken against him. – Bernama pic, June 25, 2022
Datuk Seri Najib Razak, 68, has previously been charged with abusing his position to order amendments to the 1MDB final report prior to it being presented to the Public Accounts Committee to avoid any action being taken against him. – Bernama pic, June 25, 2022

Sivananthan added that Arul Kanda is set to take the stand again on July 4, but said he is uncertain if the latter will be required to testify again in the future. 

Arul Kanda, 46, is the second last prosecution witness in the trial. 

Najib, 68, was previously charged with abusing his position to order amendments to the 1MDB final report prior to it being presented to the Public Accounts Committee to avoid any action being taken against him.

Arul Kanda, on the other hand, was charged with abetting the former prime minister in making the amendments, supposedly to protect the latter from being subjected to action.

The offence allegedly took place at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Federal Territory of Putrajaya between February 22 and 26, 2016. 

Both of them were charged under Section 23(1) of the Malaysian Anti-Corruption Commission (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.

This is the first time a co-accused has been granted approval by the court to testify for the prosecution since the MACC Act came into force in 2009, and only the third time in the country’s legal history. 

Among Arul Kanda’s testimonies in court yesterday include a claim that the reason he was ordered by Najib to attend a meeting on February 24, 2016 to discuss amendments to the 1MDB audit report was because the Pekan MP was, among other things, worried that the document would be spun politically. 

FMT also reported him as saying that he was instructed to attend a separate meeting in December 2015 to explain the company’s position and its audit report, just weeks before it was presented to the PAC. 

Among those present, Arul Kanda said, include then PAC chairman Datuk Seri Hasan Arifin and two other members of the committee. – The Vibes, June 25, 2022

Related News

Malaysia / 22h

Anwar surprised by Najib's new pardon attempt

Malaysia / 4w

Najib raises objections to 80% of ex-1MDB CEO’s witness statement over hearsay

Malaysia / 4w

US$620 million returned, not to Najib's account - Angela

Malaysia / 1mth

1MDB audit did not cover Najib’s personal accounts, court told

Malaysia / 1mth

Shafee seeks to strike out parts of Tony Pua's statement

Malaysia / 1mth

Najib must be held accountable for 1MDB's US$5.6 billion loss -  lawyer

Spotlight

Malaysia

Wanita UMNO: Najib’s contributions must not be erased, says Noraini

Malaysia

Guan Eng hands recommendations to PM to boost unity, integrity between West, East Malaysia.

By Ian McIntyre

World

Five dead, 87 missing after ferry fire off Palawan

Malaysia

Anwar surprised by Najib's new pardon attempt

Malaysia

Lawyer denies Abdul Azeez chose to appear in lock-up uniform, handcuffs

Malaysia

Flying Doctor Service to continue despite fatal Sarawak crash

Opinion

“I’m not a war criminal, I’m a patriot”: Shavendra Silva’s amnesia tour meets the receipts

By Abbi Kanthasamy

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Nearly 10,000 potential fire hotspots detected on RSPO-managed land

You may be interested

Malaysia

Fahmi: 65,280 scam, illegal gambling posts still online despite MCMC takedown requests

Malaysia

PM deeply moved remembering Zainol Afiq flying him during GE15 (video)

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Anwar tells PKR Sabah to close ranks, gear up for next GE

Malaysia

Mother and two sons die after being trapped in Kluang house fire

Malaysia

Zahid to seek answers from Negeri MB over alleged coerced declaration against Ruler

Malaysia

Sarikei records highest unhealthy air reading as haze blankets Sarawak

Malaysia

Melaka BN to begin formal political talks only after State Assembly dissolution