Shafee: Charge amendments are substantial, not just typos
- UPDATED 12.45PM | Additional comments from Shafee and Sri Ram on proposed amendments.
AUDIT TAMPERING TRIAL | The proposed amendments to the 1MDB audit report tampering charges against Najib Abdul Razak is substantial and not mere typos, said the former prime minister’s counsel, Muhammad Shafee Abdullah.
During open-court proceedings before the Kuala Lumpur High Court this morning, Shafee said this when stating the defence’s objection against the prosecution’s application to amend the charge.
- UPDATED 12.45PM | Additional comments from Shafee and Sri Ram on proposed amendments.
AUDIT TAMPERING TRIAL | The proposed amendments to the 1MDB audit report tampering charges against Najib Abdul Razak is substantial and not mere typos, said the former prime minister’s counsel, Muhammad Shafee Abdullah.
During open-court proceedings before the Kuala Lumpur High Court this morning, Shafee said this when stating the defence’s objection against the prosecution’s application to amend the charge.
Previously, the prosecution informed the court that the proposed amendments were merely to correct typographical errors.
Shafee today informed Justice Mohamed Zaini Mazlan that a charge is a notice to an accused person, therefore it has to be clear and specific.
“In a criminal preceding, where a man’s liberty is at stake, natural justice is much more needed and must be interpreted strictly to allow (him to) defend himself,” he said.
According to the charge, Najib is accused of using his position to order amendments to 1MDB's final audit report before it was presented to the Public Accounts Committee to avoid any action being taken against him.
During the open-court proceedings this morning, Shafee argued that the proposed amendments to the charge include changing “dimuktamadkan” (finalised) to “dimuktamadkan semula” (finalised again)
The veteran legal practitioner claimed that the current proposed amendments are akin to the “entire prosecution’s case has changed due to the latest amendment”.
Shafee said that this is because the cross-examination on prosecution witnesses so far based was on the premise of the charge as it currently stands.
“All my cross-examination thus far, with (former auditor general) Ambrin (Buang) and (former chief secretary to the government) Ali Hamsa, the thrust of the cross-examination has been that there was never anything wrong with a request to amend the audit report that has not been finalised,” he said.
Shafee added said that the defence would be consulting with their client Najib on whether to file an application to strike out the charges due to the current proposed amendments by the prosecution, among others.
Meanwhile, lead DPP Gopal Sri Ram (photo) informed the court that the prosecution is of the view that the proposed amendments will not result in a substantial change to the charge.
The former federal court judge that the main thrust of the prosecution’s case is not on whether the audit report was a draft or finalised but centred on an offence under Section 23 of the MACC Act.
Section 23 deals with the offence of using office or position for gratification.
“This is a case under” Section 23 of the MACC Act. It is not a case of theft, cheating or CBT (criminal breach of trust),” Sri Ram said, adding that the defence should focus on the offence rather than whether the charge stated that the impugned 1MDB audit report was a draft or not.
“We did not spring anything new on the defence,” Sri Ram said.
The court then fixed June 24 to hear the prosecution’s application to amend the charge. It also allowed the defence’s application to vacate the 1MDB audit report trial for today and tomorrow to help the defence prepare for the hearing on June 24.
Zaini also set tentative hearing dates of the main 1MDB audit report case against Najib and co-accused, former 1MDB president and CEO K Arul Kanda from Oct 12 to 16 and Dec 7 to 10.
The hearing dates are tentative as it depends on whether there is a clash with Najib’s other ongoing trial, the RM2.28 billion 1MDB case.
Najib is charged with using his position to order amendments to the 1MDB final audit report before it was presented to the Public Accounts Committee to avoid any action being taken against him.
Former 1MDB president and CEO K Arul Kanda is charged with abetting Najib in making the amendments to the report.
Both of them were charged under Section 23 (1) of the MACC Act 2009, which specifies a jail term not exceeding 20 years, and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, on conviction.
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