The Malaysian Insight

FORMER auditor-general Ambrin Buang told the court he did not compromise his integrity when he agreed to changes requested by then prime minister Najib Razak and other government officials to an audit report on 1Malaysia Development Bhd (1MDB).

The 70-year-old witness was cross-examined today by the lead defence counsel Muhammad Shafee Abdullah in Najib’s trial over tampering with the audit report, in the Kuala Lumpur High Court.

To Shafee’s questioning, Ambrin also said it did not occur to him to lodge a police report even though the request for the changes “bordered on criminality”, because he was guided by the facts at the time.

The meetings which Ambrin attended and at which Najib and other government officials requested amendments to the 1MDB audit report took place in February 2016.

Shafee asked Ambrin whether he felt he had done anything illegal or immoral in agreeing to changes to the report, which was to be presented to parliament’s Public Accounts Committee (PAC). 

Shafee: Whatever changes that you made, are you telling the court that you compromised your integrity to accommodate them?

Ambrin: No, I did not. 

Shafee: Specifically, did you compromise your position or your department’s, when you accommodated certain changes? In a general way, you did not sell out your profession?

Ambrin: No, I did not. 

Shafee: If someone asked you to do an illegal act, or an act that doesn’t have integrity or results in compromises in integrity, you would not do it?

Ambrin: I would not. 

Shafee: If someone suggested to you to do something that borders on illegality or immorality, you would not do it then?

Ambrin: No. You are asking about the amendments… you are asking why did I agree to the amendments? It was done based on my judgment as the auditor, based on the facts presented to us at that particular time. Facts are facts.

Shafee: The question that I posed to you – in these changes, did you compromise with the truth of your fact finding?

Ambrin: I would say I did not compromise. I am very sure about the facts. These changes occurred as a result of the meetings on the 24th and 25th, without compromising the integrity of the National Audit Department. 

Shafee: What were your choices?

Ambrin: In this particular case, there was no choice, because they said it was a matter of national interest (that I made the changes). 

Shafee: But you said you walked out a frustrated man (after the meeting on February 24). I want to know what the frustration was.

Ambrin: My report was already printed and I was ready to present to the PAC in a few days time. 

Shafee: Did you compromise with your integrity?

Ambrin: My conscience was very clear. 

Shafee: You are aware that if there is an inappropriate request, if it borders on criminality or immorality, you can lodge a police report. Did you lodge a police report?

Ambrin: I did not. 

Shafee: At that time you did not see anything so wrong that persuaded you to lodge a police report?

Ambrin: Yes. 

Shafee: Do you know there is another option? The other option is to tender your resignation if your integrity is affected. You did not tender your resignation as a result of the alterations.

Ambrin: I did not tender my resignation. 

Shafee: Now my client (Najib) is charged in court for a criminality. Are you aware that if you know there was conduct that borders on criminality, you are obliged to lodge a police report. If you or your department realise if what these senior officers are asking you to do, borders on criminality, you are duty bound to lodge a police report?  

Ambrin: It did not occur to me at that time. 

Shafee: Are you aware that by virtue of Section 202 of the Penal Code, if you did not lodge a police report, you yourself committed an offence?

Ambrin: I was not aware.

Najib is accused of using his position to expunge 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, to protect himself from criminal action.

Former 1MDB CEO Arul Kanda Kandasamy is also on trial for abetting Najib. Both accused sat in the dock today.

Arul Kanda is represented by lead counsel N. Sivananthan while former federal court judge Gopal Sri Ram leads the prosecution. 

At the end of today’s proceedings, Justice Mohamed Zaini Mazlan confirmed further hearing dates have been set on January 13-16, March 9-11, and April 6-9 and 13-16.

Case mention is on January 9. – November 28, 2019.