The Malaysian Insight

LOW Taek Jho tried to get government officials, including the former prime minister Najib Razak, to say he was not involved in the 1Malaysia Development Bhd scandal after news of it broke in 2015, the court heard today.

Low, popularly known as Jho Low, allegedly told Najib’s then principal private secretary Azlin Alias and his then special officer Amhari Efendi Nazaruddin to issue a statement with the frequently asked questions (FAQ) on 1MDB.

“Jho Low told us to say he had no involvement in 1MDB, in the FAQ,” Amhari, the eighth witness in the 1MDB trial, told the Kuala Lumpur High Court, today.

“It was to be an underlying statement for relevant key individuals to say. It was also suggested that Datuk Seri Najib also say it this way,” he told the court when cross-examined by lead defence counsel Muhammad Shafee Abdullah.

The 43-year-old Amhari told the court that he could not recall whether Low held an official position in 1MDB.

When questioned by Shafee on his seemingly “terrible memory” which had also prevented him from recalling events such as the date of his arrest last year, Amhari said the comment from Low was particularly memorable during a private meeting.

“This was an outlier (that which stands apart). I was nervous to see how Datuk Seri Najib would respond to this.

“I recall (telling Najib) it was advisable that it be stated by anyone else that was key in 1MDB, influential personnel, and that the prime minister himself should mention that Jho Low does not have any role in 1MDB.”

Shafee then accused Amhari of lying in his testimony. The lawyer had also earlier told the court the witness was under investigation for offences under the Malaysian Anti-Corruption Commission (MACC) Act, pointing out he was technically on bail.

Shafee: I am putting it to you that you could not have possibly remembered that and today you are making this claim because you have been put up to it because of your own precarious position with the MACC. That if you don’t play ball, you may be charged.

Amhari: I don’t know what are the offences I’m being investigated for, or whether I will be charged or not.

Shafee: Let me blunt. You are not telling the truth because you have to play ball with the MACC. Your claim that you can remember this, in light of everything else which you can’t remember, including the date of your own arrest, smacks of dishonesty.

Amhari denied the suggestion. After further cross-examination, Shafee again suggested that his client had never instructed Amhari to carry out any unlawful activities.

Shafee: I am putting it you you that there has never been one occasion that Datuk Seri Najib has given you an instruction that is inappropriate.

Amhari: Overwhelmingly, I have not observed any wrong instructions to me. I cannot say about (instructions Najib gave to) others, as far as I can recall, the bit when I had to go to China and Abu Dhabi, I admit I was more loyal than thinking about the repercussions.

Shafee: We will come to that separately. Trust me.

Last week, Amhari told the court that the FAQ, which was created to head off potential inquiry by a special investigative task force, included statements about the size of 1MDB’s debt that was guaranteed by the government, the difference between a letter of support and a government guarantee, status of the investment fund managed by Brazen Sky Ltd, and the issue of a RM2 billion repayment to Maybank Bhd.

“These were all damage control answers provided by Jho Low because the 1MDB scandal was raging in the media,” Amhari said in his witness statement.

Najib is on trial for four counts of power abuse to enrich himself by RM2.3 billion and 21 counts of laundering the same amount.

The 66-year-old is represented by a dozen lawyers led by Shafee.

Gopal Sri Ram, a former Federal Court judge, leads the prosecution while High Court judge Collin Lawrence Sequerah presides. – September 10, 2019.