Najib’s 1MDB audit trial postponed as Shafee down with fever, sore throat

 

Najib Abdul Razak’s lead counsel Muhammad Shafee Abdullah is suffering from a high fever and sore throat, such that he sounded like the late James Bond actor Sean Connery, the High Court in Kuala Lumpur heard this morning.

Thus, Najib’s other lawyer Rahmat Hazlan sought for the former prime minister’s 1MDB audit report trial today to be vacated.

“Shafee has a high fever and sore throat. When he (Shafee) called (me earlier this morning to inform me about this), he sounded like Sean Connery,” Rahmat informed the court.

Deputy public prosecutor Ahmad Akram Gharib said the prosecution has no objection to the application to postpone today’s trial.

“Connery is no longer around, so that is not a good example,” trial judge Mohamed Zaini Mazlan remarked, before allowing the bid to vacate today’s trial.

Connery, who made film history as the first actor to portray the fictional British secret agent on film via the movie Dr No in 1962, passed away at the age of 90 on Oct 31, 2020.

The judge then set Friday this week to hear the prosecution’s application to call co-accused and former 1MDB CEO Arul Kanda Kandasamy to testify against Najib.

The main trial has also been fixed to resume on Oct 21, 25 and 28.

Najib’s lead counsel Muhammad Shafee Abdullah

Previously, the prosecution applied to call Arul Kanda to act as a witness against Najib. However, the former premier’s defence team indicated they would raise objections against the bid.

Depending on the strength of Arul’s testimony, the co-accused may be granted an acquittal or discharge not amounting to an acquittal (DNAA) from the criminal case.

The charges

Najib is charged with using his position to order amendments to 1MDB's final audit report before it was presented to the Public Accounts Committee (PAC) to prevent any action against him.

Arul Kanda was charged with abetting Najib in making the amendments.

The charges are framed under Section 23 (1) of the MACC Act 2009, which specifies a jail term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher.

The prosecution is contending that a decision to make the amendments was taken during a meeting on Feb 24, 2016, at the office of the then chief secretary to the government Ali Hamsa.

It was alleged this was done to remove or alter certain portions of the 1MDB audit report, including dropping the issue of wanted fugitive Low Taek Jho’s (Jho Low) attendance at the fund’s board meetings.

Another issue that was allegedly dropped from the 1MDB audit report was the two conflicting 2014 financial statements of the sovereign wealth fund.

Besides Ali and Arul Kanda, others who were present at the meeting were former auditor-general Ambrin Buang, former National Audit Department officer Saadatul Nafisah Bashir Ahmad, Najib’s former principal private secretary Shukry Salleh, and former Attorney-General’s Chambers representative Dzulkifli Ahmad. - Mkini