KUALA LUMPUR – The prosecution rested its case in the trial of Datuk Seri Najib Razak and Arul Kanda Kandasamy for tampering with the 1Malaysia Development Berhad (1MDB) final audit report, after nearly four years of proceedings at the high court here.
The trial, which began on November 19, 2019, has seen 16 prosecution witnesses take the stand across 43 days, including co-accused Arul Kanda, who was also a former 1MDB chief executive and president.
Najib, as finance minister then, had overseen 1MDB and was the state investment firm’s advisory board chairman.
Senior deputy public prosecutor Datuk Seri Gopal Sri Ram told presiding judge Mohamed Zaini Mazlan that the prosecution will be offering 18 witnesses to the defence, and is prepared to submit all the necessary submissions by next month.
Among the witnesses offered by the prosecution are former Public Accounts Committee (PAC) chairmen Datuk Nur Jazlan Mohamed and Datuk Seri Hasan Arifin, former chief commissioner of the Malaysian Anti-Corruption Commission (MACC) Tan Sri Dzulkifli Ahmad, former 1MDB chief executive Datuk Shahrol Azral Ibrahim Halmi and Edge Media Group chairman Datuk Tong Kooi Ong.
Zaini set October 7 and October 14 for parties to submit their written submissions and replies, respectively, also ordering all parties to appear before him on October 28 for further oral clarification.
During the proceedings, Arul Kanda's lawyer, Datuk N. Sivananthan, inquired whether the court would make a decision whether his client would be given indemnity over his testimony in court.
Zaini then clarified that the court will make a full decision on indemnity at the end of the case so as to weigh the totality of Arul Kanda's evidence before the court.
Arul Kanda remains a co-accused pending a decision by the high court on the matter.
The prosecution has previously filed under Section 63 of the MACC Act 2009 for Arul Kanda to testify against Najib.
Among those who have testified in this trial are former auditor-general Tan Sri Madinah Mohamad, her predecessor Tan Sri Ambrin Buang, former chief secretary to the government the late Tan Sri Ali Hamsa, Najib’s former principal private secretary Tan Sri Shukry Mohd Salleh and National Audit Department deputy auditor-general Datuk Nor Salwani Muhammad.
In this trial, Najib 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.
His co-accused 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 26, 2016.
Both of them were charged under Section 23(1) of the Malaysian Anti-Corruption Commission 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, September 7, 2022
