Former Prime Minister Datuk Seri Najib Razak’s defense team has called for his acquittal in the RM2.3 billion 1MDB scandal, claiming key witness testimonies are inconsistent and cannot be trusted, as the high-profile trial continues in the High Court.
KUALA LUMPUR: Former Prime Minister Datuk Seri Najib Razak should be cleared of the RM2.3 billion 1Malaysia Development Sdn Bhd (1MDB) misappropriation charges, as the testimonies of key witnesses are deemed unreliable, argued his defence team at the High Court earlier this week.
The witnesses include Najib’s former special officer, Datuk Amhari Efendi Nazaruddin; former CEOs, Datuk Shahrol Azral Ibrahim Halmi and Mohd Hazem Abdul Rahman; former 1MDB lawyer, Jasmine Loo Ai Swan; former Chief Financial Officer, Azmi Tahir; and Malaysian Anti-Corruption Commission (MACC) Senior Investigating Officer, Nur Aida Arifin.
Defense lawyer Wan Azwan Aiman Wan Fakhruddin, in his submission at the end of the prosecution’s case, argued that the testimonies were inconsistent and filled with contradictions.
He claimed that Amhari Efendi’s testimony was an attempt to shield himself from involvement in the global financial scandal orchestrated by fugitive businessman Low Taek Jho, also known as Jho Low.
Jho Low Is Everywhere In 1MDB
The prosecution had also informed the court that the fugitive Jho Low’s presence was felt “everywhere” in the 1MDB debacle. Deputy Public Prosecutor (DPP) Ahmad Akram Gharib, who had begun his submissions in the trial on Wednesday morning, said Jho Low was involved in “a lot” of 1MDB transactions.
On the witnesses, Wan Azwan argued that Nur Aida’s investigation was selective, targeting specific witnesses in order to shift the blame onto Najib, who was also serving as Finance Minister at the time.
He pointed out that it was the defense who revealed Jho Low had given Amhari USD 200,000, a fact that was overlooked by the investigator.
“She (Nur Aida) failed to thoroughly investigate Amhari’s actions or motivations.
“Instead, she accepted Amhari’s testimony at face value, conveniently directing the blame towards Najib without questioning the possibility of personal motives behind Amhari’s statements.
“Similarly, Shahrol Azral’s testimony was filled with hearsay and assumptions, as he often referred to instructions he believed were indirectly passed through Jho Low and linked to Najib,” Wan Azwan Aiman said.
He further noted that Nur Aida had failed to investigate Shahrol Azral’s decision-making process in detail or whether he was acting under clear directives.
The defense also suggested that the investigation ignored the possibility that Shahrol Azral might have acted independently in the case.
No Direct Evidence
Wan Azwan Aiman then criticised the testimony of Mohd Hazem, which he said was inconsistent and lacked direct evidence.
Although Mohd Hazem claimed that Jho Low held significant influence and that his instructions were given with Najib’s approval, Nur Aida did not take steps to verify the truth of these statements independently.
The lawyer argued that Mohd Hazem’s testimony often relied on hearsay and that his actions were not properly scrutinised to determine whether he acted alone or under the influence of others.
Wan Azwan Aiman also said that Nur Aida failed to question Azmi’s autonomy in making key financial decisions or whether he was trying to shift blame.
“Additionally, she did not explore the possibility that Ai Swan, who was considered Jho Low’s right-hand person, may have played a leading role or facilitated actions without Najib’s direct involvement,” he added.
In a separate argument, Najib’s lead lawyer, Tan Sri Muhammad Shafee Abdullah, said Bank Negara Malaysia (BNM) was aware of a controversial transaction involving USD 700 million transferred to Good Star Limited, a shell company linked to Jho Low.
Najib Trusted Bank Negara
Shafee emphasised that Najib had trusted BNM and its then-governor, as they were seen as the pillars of financial integrity.
Najib faces four charges of using his position to secure RM2.3 billion in 1MDB funds, allegedly deposited into accounts at AmIslamic Bank Berhad on Jalan Raja Chulan, Kuala Lumpur, between February 24, 2011, and December 19, 2014.
He is also facing 21 charges of money laundering related to the same funds, which allegedly occurred at the same bank between March 22, 2013, and August 30, 2013.
The trial, presided over by Judge Datuk Collin Lawrence Sequerah, is set to continue tomorrow with a final submission by Shafee.
The 1MDB-Tanore trial, which is at the end of the prosecution’s case, is set to wrap up this week, after which the trial judge will set a date to deliver his decision on whether the ex-PM has to enter his defence, or can walk free. – NMH
Datin Hasnah is the co-founder and CEO of New Malaysia Herald based in Kuala Lumpur, Malaysia.
With an extensive background in mass communication and journalism, she works on building up New Malaysia Herald and it’s partner sites. A tireless and passionate evangalist, she champions autism studies and support groups.
Datin Hasnah is also the Editor in Chief of New Malaysia Herald.
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