Najib audio released to prevent possible cover-ups - MACC chief tells court
NAJIB SRC TRIAL | The Kuala Lumpur High Court today heard that the MACC released audio clips of Najib Abdul Razak’s phone conversations to prevent any party from attempting to cover up any possible wrongdoing.
Testifying as a subpoenaed defence witness at the former prime minister’s SRC International graft trial, MACC chief commissioner Latheefa Koya said the content of the recordings were more important than finding out if the recordings were illegally obtained or intercepted.
As such, in light of “public interest”, it was important for the public to hear the clips, she said.
NAJIB SRC TRIAL | The Kuala Lumpur High Court today heard that the MACC released audio clips of Najib Abdul Razak’s phone conversations to prevent any party from attempting to cover up any possible wrongdoing.
Testifying as a subpoenaed defence witness at the former prime minister’s SRC International graft trial, MACC chief commissioner Latheefa Koya said the content of the recordings were more important than finding out if the recordings were illegally obtained or intercepted.
As such, in light of “public interest”, it was important for the public to hear the clips, she said.
"The nature of the content is more important. Whether it’s illegal or intercepted, it (the press conference) has to be done.
"So the public knows, never again, (attorney-general) AG or (Prime Minister's Office) PMO could get involved in such offences such as revealing secret information, tamper or fabricate evidence for the purpose to avoid being prosecuted,” she said when questioned by lead defence counsel Muhammad Shafee Abdullah.
On Jan 8, during a press conference, the MACC released the audio recordings of the conversations, which also involved the leaking of information from the Attorney-General’s Chambers to Najib on the 1MDB probe in 2016.
Among the recordings were telephone conversations between the former premier and his wife Rosmah Mansor, as well as between Najib and former MACC chief Dzulkifli Ahmad, who was with the AG Chambers at that point.
Latheefa had, at the time, claimed said the commission received the recordings from anonymous sources and that forensics tests concluded they were authentic and had not been tampered with.
Police, too, are investigating the clips.
Latheefa made her statement when grilled by Shafee today on whether the recording was illegal and if the anti-graft body had attempted to establish if it had the authority to intercept the then sitting prime minister’s telephone calls.
Shafee also alleged that the audio recordings had not been obtained as “a product of investigation” by any relevant authority at the time.
Prior to this, she informed the court, presided by judge Mohd Nazlan Mohd Ghazali, that the MACC had determined the recordings to have taken place between January to July of 2016.
Shafee: Who was the AG then?
Witness: (Mohamed) Apandi Ali
Shafee: Had anybody spoken to the AG whether he had given authority for MACC to carry out interception on the prime minister then, or (Najib’s) private secretary then Shukry (Mohd Salleh), or (former Tabung Haji chairperson) Abdul Azeez Rahim? Did you ever get the authority?
Witness: We didn't establish (authority). I was unable to get an update or status of the investigation.
Shafee: You are saying that you cannot reveal particulars that would be relevant to the issues of MACC.
Witness: I do not know the origin of the recording, meaning I cannot confirm whether it is an interception or recording by the police.
Shafee: Could it be illegal recording?
Witness: It could be.
Shafee: If you entertain the notion that this could be an illegal recording, I (Latheefa) can’t be a party to this, I'm a chief commissioner. Did you consider it?
Witness: I don't see anything illegal about it. I never looked at it as the illegal thing to do.
READ MORE: Full transcript of phone calls leading up to then AG Apandi clearing Najib
On Jan 26, 2016, then attorney-general Apandi announced he had cleared then prime minister and finance minister Najib of any wrongdoing in the 1MDB and SRC International cases. SRC International is a former subsidiary of 1MDB.
The announcement led to claims Apandi made a cover-up, especially as it came just six months after the shock dismissal of his predecessor Abdul Gani Patail and the removal of Muhyiddin Yassin as deputy prime minister in 2015.
Gani had been involved in the task force probing 1MDB and Muhyiddin, who was recently sworn in as prime minister himself and had been publically questioning the manner in which the fund was being handled.
Meanwhile, on today’s proceedings, aside from the legality of the leaked clips, Shafee also mainly questioned their admissibility in court as evidence.
As such, Nazlan set Monday for submission on the admissibility of the 1MDB-linked audio recordings.
Latheefa is expected to continue her testimony then.
Najib, 66, is facing seven charges - one abuse of power charge, three criminal breach of trust (CBT) charges and three money-laundering charges relating to RM42 million involving SRC International.
READ MORE: Malaysiakini’s live coverage of the trial proceedings today.
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