KUALA LUMPUR (Bernama): A former special officer to Datuk Seri Najib Tun Razak told the High Court here on Wednesday (Sept 4) that the former prime minister instructed him to meet with Mubadala chief executive officer Khaldoon Mubarak in Abu Dhabi, United Arab Emirates, in 2016.
The meeting was for private talks to settle the 1Malaysia Development Bhd (1MDB)'s bond dispute with International Petroleum Investment Co (IPIC), without going to the International Court.
Datuk Amhari Efendi Nazaruddin, 43, said he received the instruction to meet Khaldoon when he went to Najib’s house at Jalan Langgak Duta.
"Abu Dhabi wanted to bring the binding term sheet (BTS) issue between IPIC and 1MDB to the International Arbitration Court (IAC)," he said when reading out his witness statement on the fourth day of Najib's trial.
The eighth prosecution witness said Najib also explained to him that if Malaysia were to go to the international court for failing to pay the bonds guaranteed by IPIC, bilateral relations between the two countries would deteriorate.
Najib told him that there would also be political risks in regard to the coming elections as the 1MDB outcry had not quietened, and was still a major media topic all over the world.
"Datuk Seri Najib said I had to go and get an affirmation from Abu Dhabi that both countries have agreed to resolve the matter without going to the international court. This was one of Datuk Seri Najib's secret missions for me, ” he said during examination-in-chief by deputy public prosecutor Ahmad Akram Gharib.
Amhari Efendi said fugitive businessman Low Taek Jho, or Jho Low, also played a pivotal behind-the-scene role to resolve the issue.
"When BTS was breached, IPIC wanted to bring the issue to the International Arbitration Court. Because of that, Jho Low came up with another agreement, a 'Settlement Agreement' by which the Malaysian government could avoid being dragged to the IAC."
The key prosecution witness said he received a Blackberry message from Jho Low, informing him that he had to go to Abu Dhabi to meet Khaldoon and that Khaldoon was expecting someone from Malaysia to contact him.
He said Jho Low also emailed him the talking points for his meeting with Khaldoon.
"Najib was aware about this issue, and together with Jho Low, were directly involved to ensure my meeting with Khaldoon took place. I only realise then that it was part of damage control, ” he added.
On his meeting with Khaldoon, Amhari Efendi said he went to Abu Dhabi alone for the meeting and met Khaldoon at the Mubadala office.
"I was well-received. Khaldoon told me that they had been promised 'various things' by Malaysia, but which were not fulfilled.
"They wanted to see a new agreement, one with periodical payments to them, ” he said, adding that at the meeting, he and Khaldoon agreed that they would be the "back-channel” facilitators for both countries to prevent the case from going to the IAC."
Amhari Efendi said Khaldoon and IPIC’s lawyer Martin Edelman contacted him from time to time to explain about the agreement between IPIC and 1MDB.
"The agreement, that was supposed to be signed before the end of 2016, failed to materialise because both countries could not agree on some of the clauses," he said.
However, he said around April 2017, he received an email and a phone call from Marty Edelman informing him that negotiations were ongoing.
"This surprised me because I thought the negotiations had failed and was terminated as told by Khaldoon. I think there were other individuals who helped to pursue the negotiations, including Jho Low.
"I was then contacted by Arul Kanda Kandasamy, who was then the chief executive officer of 1MDB and given the latest status on the negotiations. Finally, IPIC and 1MDB signed the Settlement Agreement in mid 2017," he added.
Najib is facing four charges of using his position to obtain gratification totalling RM2.3 billion in 1MDB funds and 21 counts of money laundering related to the amount.
The Pekan member of Parliament is alleged to have committed the gratification offences at Jalan Raja Chulan branch of the AmIslamic Bank Berhad, at No. 55, Jalan Raja Chulan, Bukit Ceylon here between Feb 24,2011 and Dec 19,2014, and the money laundering offences, between March 22,2013 and Aug 30,2013, at the same place.
The hearing continues before Justice Collin Lawrence Sequerah.- Star
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