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Monday, September 5, 2022

1MDB Trial: Witness misleading with her silence, claims Najib’s lawyer

1MDB TRIAL | The prosecution and defence teams in Najib Abdul Razak’s 1MDB trial today got into a heated exchange over his alleged role in obtaining a US$3 billion (RM13.36 billion) loan for the sovereign wealth fund despite a lack of due diligence.

During today’s trial of the RM2.28 billion corruption case at the Kuala Lumpur High Court, the tiff arose in relation to the testimony of 26th prosecution witness Siti Zauyah Md Desa (above).

Previously, Siti Zauyah, who used to be in the Finance Ministry’s loan management division, testified that Najib signed the letter of support (LOS) for the loan linked to the joint venture between 1MDB and Petrosaudi International Limited (PSI).

She claimed that despite the absence of due diligence by the Minister of Finance Incorporated (MOF Inc), the LOS was still processed only based on the alleged directive of the then premier and finance minister Najib.

Previously, Najib’s defence team during cross-examination also highlighted her lack of awareness of the details of her own written witness statement.

During proceedings before trial judge Collin Lawrence Sequerah around midday this afternoon, Najib’s counsel Wan Aizuddin Wan Mohammed was cross-examining Siti Zauyah over the portion of her written witness statement regarding the alleged lack of due diligence.

The witness, however, replied along the lines of “I do not know”, “I do not remember”, or outright silence.

Loaded statement, reckless accusation

The defence counsel then described the portion of her written witness statement regarding the lack of due diligence and the LOS being processed merely on Najib’s directive as a “loaded statement”.

Siti Zauyah then claimed she was not the right person to testify on this matter as she was not part of the Finance Ministry’s loan division at the time of the alleged incident.

However, she maintained she was dealing with the issue at the time.

The defence counsel then accused Siti Zauyah of making a reckless accusation, contending that she was not speaking the truth.

At this juncture, deputy public prosecutor (DPP) Nadia Mohd Izhar stood up and explained that Siti Zauyah’s witness statement stated that MOF Inc did not receive any information to carry out due diligence, not that then-premier Najib gave the order that there is no need for due diligence.

“Thank you, my learned colleague, who posited that her (Siti Zauyah’s) witness statement is more accurate than the witness herself,” Aizuddin replied.

Lead DPP Gopal Sri Ram then told the court that “You (Aizuddin) are misleading the witness”.

“Your witness is misleading me with her silence,” Aizuddin retorted.

When the defence counsel asked the witness whether what was posited by DPP Nadia was correct, Siti Zauyah did not answer.

It is understood that Najib’s defence team will orally submit this issue during the submissions stage near the end of the prosecution’s case.

Proceedings before Sequerah continues this afternoon as well as tomorrow.

Najib, who is also the Pekan MP, is on trial for four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion of 1MDB’s funds.

The prosecution contended that the wrongdoing at 1MDB was done by businessperson Low Taek Jho, also known as Jho Low, with the blessing of Najib.

The defence team, however, claimed the accused had no knowledge of wrongdoing and that the whole embezzlement scheme was solely masterminded by Low and several members of the fund’s management team.

Najib is currently serving a 12-year jail term over the RM42 million SRC International corruption case and was brought to the Kuala Lumpur Courts Complex today by Kajang Prison officers.

For ongoing criminal cases, those accused are brought out of jail to attend their trials.

Najib’s health scare

It was reported yesterday that Najib was admitted to a hospital.

During a break between proceedings today, the former premier’s lead defence counsel Muhammad Shafee Abdullah told the media that the accused managed to attend trial today after having a medical checkup at Hospital Kuala Lumpur.

The lawyer explained that Najib had a health scare but is doing well now after having gone for a check-up and prescribed medication. - Mkini

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