Decision on 1MDB audit tampering case fixed for Jan 30

KUALA LUMPUR: The High Court here has fixed Jan 30 next year to deliver its decision on whether former prime minister Datuk Seri Najib Razak and former 1Malaysia Development Berhad (1MDB) chief executive officer Arul Kanda Kandasamy will be acquitted or ordered to enter their defence in the 1MDB audit tampering case.

Justice Mohamed Zaini Mazlan set the date after hearing submissions by parties at the end of the prosecution case yesterday.

“I will deliver my decision on Jan 30,” the judge said before adjourning the proceedings.

Datuk Seri Gopal Sri Ram led the prosecution team, while Najib was represented by lawyer Tan Sri Muhammad Shafee Abdullah and Arul Kanda was represented by lawyer Datuk N. Sivananthan.

The prosecution closed its case on Sept 7 after calling 16 witnesses, including the late Tan Sri Dr Ali Hamsa, the former chief secretary to the government.

Other witnesses who took the stand were former auditor-generals Tan Sri Ambrin Buang and Tan Sri Dr Madinah Mohamad, former 1MDB chairman Tan Sri Mohd Bakke Salleh, and former National Audit Department (NAD) audit director Saadatul Nafisah Bashir Ahmad.

On May 20, the prosecution made an oral application to the court to call Arul Kanda as a witness and give evidence against Najib, his co-accused, under Section 63 of the Malaysian Anti-corruption Commission (MACC) Act 2009.

The section stated that if two or more people are charged with an offence under this same law, the court may require one or more of them to give evidence as witnesses for the prosecution if the public prosecutor makes a written application.

The application was allowed on June 24, and Arul Kanda took the stand as the 15th prosecution witness.

Najib, 69, is accused of abusing his position to order amendments to the 1MDB final audit report to avoid any action being taken against him, while Arul Kanda, 46, is accused of abetting Najib in making the amendments to the report.

The offence was allegedly committed at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Federal Territory of Putrajaya, between Feb 22 and 26, 2016.

Both men were charged under Section 23(1) of the Malaysian Anticorruption Commission (MACC) Act 2009, which provides 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, upon conviction.