1MDB: Najib's lawyers asked similar questions before - prosecution

The prosecution objected to Najib Abdul Razak’s lawyer’s line of questioning of a witness in the ex-premier’s RM2.28 billion 1MDB corruption trial.

Deputy public prosecutor Mohamad Mustaffa P Kunyalam today objected to lawyer Hariharan Tara Singh’s cross-examination of former 1MDB board director Ismee Ismail.

During proceedings before trial judge Collin Lawrence Sequerah, the prosecutor contended that the line of questioning should have been raised when former 1MDB CEO Shahrol Azral Ibrahim Halmi took the witness stand.

Previously during the Kuala Lumpur High Court trial in Sept 2019, ninth prosecution witness Shahrol testified regarding trouble with the then Agong, Terengganu ruler Sultan Mizan Zainal Abidin, in early 2009.

Shahrol then testified that the ruler was incensed over the handling of the Terengganu Investment Authority (TIA) planned issuance of RM5 billion Islamic Medium Term Notes (IMTN).

The witness then testified that despite him being directed by the palace to sign a resolution to halt the IMTN programme, the bond issuance proceeded.

Incorporated in February 2009, TIA later morphed into 1MDB later that year. The former was owned by Menteri Besar Incorporated while the latter was owned by the Minister of Finance Incorporated.

During today’s trial, Hariharan was cross-examining Ismee over Shahrol’s role in proceeding with the IMTN issuance despite objections from the palace.

former 1MDB board director Ismee Ismail

In response, Mustaffa objected to the line of questioning, contending that this line of questioning has already been levelled by Najib’s defence against Shahrol when he was testifying in past proceedings.

Defence team must be fair

When Sequerah told Hariharan that Shahrol had already been confronted by a similar line of questions, Hariharan replied that it is because Shahrol was the then TIA director and whether he (Shahrol) went against the wish of the board.

During its short existence as TIA, its board comprised of Sultan Mizan, among others.

In reply to Hariharan, Mustaffa countered that the defence team must be fair in the cross-examination of Ismee because Shahrol previously testified that it was on Najib’s instructions to proceed with IMTN.

Besides being a former premier, Najib also used to be finance minister and chairperson of 1MDB’s board of advisors.

“If that is the case, then counsel (Hariharan) must be fair in addressing the witness (Ismee), because Shahrol did say (testified previously) that he received instructions from the accused (Najib) to proceed with the IMTN,” Mustaffa said.

However, Sequerah allowed Hariharan to proceed with the line of questioning while reminding that the questions have previously been put to Shahrol.

The trial is set to resume this afternoon.

Najib is on trial for four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion of 1MDB’s funds. - Mkini