The Malaysian Insight

FORMER 1MDB chief executive Arul Kanda Kandasamy will be called to give evidence for the prosecution against former prime minister Najib Razak in the audit-tampering trial, the court heard today.

Senior deputy public prosecutor Gopal Sri Ram told the Kuala Lumpur High Court that Attorney-General Tommy Thomas will be writing under Section 63 of the Malaysian Anti-Corruption Commission to call Arul Kanda to give evidence on the prosecution’s behalf.

“We will be addressing the court on this part of the case at the appropriate stage,” Sri Ram said.

Najib and Arul Kanda are jointly charged in the case.

Arul Kanda’s lawyer N. Sivanathan expressed surprise and said he would address the matter at a later stage as well.

Najib’s lead defence counsel Muhammad Shafee Abdullah then informed the court he would file a submission to challenge the constitutionality of the matter.

Section 63 reads: “Whenever two or more persons are charged with an offence under this act, the court may, on an application in writing by the public prosecutor, require one or more of them to give evidence as a witness or witnesses for the prosecution.”

It further reads that any person who refuses to be sworn or to be affirmed to answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by the court.

Today, amended charges were re-read to the duo. Arul Kanda, dressed in a dark blue suit and Najib, appearing in a beige suit, said they understood the charges and claimed trial again.

Najib is accused of using his position to remove parts of the final 1MDB audit report between February 22 and 26, 2016 at the Prime Minister’s Department before it was tabled to the Public Accounts Committee (PAC) to protect himself from criminal action.

The 66-year-old is accused of using his position as prime minister to obtain gratification in the form of disciplinary, civil and criminal immunity related to 1MDB by ordering amendments to the audit report before the final copy was presented to PAC.

Arul Kanda is charged with abetting Najib making amendments to the report to protect the latter from being subjected to disciplinary, civil or criminal action in connection with 1MDB at the same place and time.

Hearing has been fixed from today to November 29 and from January 13 to 17. The prosecution is expected to call about 30 witnesses. – November 18, 2019.