DPP: If no ‘dirty linen’, Najib should allow PAC access 1MDB audit report

The prosecution contended that if Najib Abdul Razak had no “dirty linen”, the former premier should have allowed the original copy of the 1MDB audit report to go to the Public Accounts Committee (PAC) in 2016.

Lead deputy public prosecutor Gopal Sri Ram told the Kuala Lumpur High Court today that the totality of testimony of the various prosecution witnesses shows that the then finance minister had used his power to prevent the release of the report with the “09” watermark to PAC.

The prosecutor pointed out that in certain cases involving the unlawful use of power, circumstantial evidence that appears innocent piece by piece but is looked at as a whole shows the existence of such offence.

Sri Ram said the various prosecution testimonies showed that Najib (above) went to great lengths to prevent the initial copy of the 1MDB audit report to go to the PAC and for it to be amended following a meeting on Feb 24, 2016.

“If this man (Najib) got no dirty linen to hide, he could have gone to PAC. The act of preventing the report going out itself is a surreptitious act, corrupt and done for the purpose of protecting himself,” Sri Ram told trial judge Mohamed Zaini Mazlan.

Today is set for oral submissions at the end of the prosecution’s case in the 1MDB audit case against Najib and the sovereign wealth fund’s former CEO Arul Kanda Kandasamy.

Sri Ram pointed out that the series of meetings between the prosecution witnesses and Najib showed the former premier was “extremely intelligent and extremely corrupt” and that it pushes the prosecutors to great lengths to try to unravel the mental element behind Najib’s unlawful actions.

“I do not think the second accused (Najib) is a child to be misled. If he is easily misled, then it would be dangerous to have him in charge of the nation's affairs,” contended the DPP, who used to be a federal court judge.

However, Najib’s counsel Muhammad Shafee Abdullah countered that the various prosecution witnesses’ own testimonies do not show Najib ever having issued specific instructions to amend the 1MDB audit report before it was released to PAC.

The lawyer claimed that Najib then was only raising general concerns about the draft 1MDB audit report, with the watermark “09” report being contended by the defence to be this draft rather than a finalised report.

At the end of oral submissions this afternoon, Zaini fixed Jan 30 next year for a decision on whether Najib and Arul need to enter defence in the case.

Counsel N Sivananthan represented Arul.

Prosecution witnesses

On Sept 7, the prosecution closed its case against the duo after having called 16 witnesses to testify, including Arul.

Since the trial began on Nov 18, 2019, spanning 43 days, among others who took the witness stand for the prosecution are former chief secretary to the government Ali Hamsa, former auditor-generals Ambrin Buang and Madinah Mohamad, National Audit Department officer Nor Salwani Muhammad, and Najib’s former principal private secretary Shukry Mohd Salleh.

Nor Salwani had previously testified having saved a copy of the original 1MDB audit report from being destroyed before the alleged modifications took effect on the report to be tabled before the PAC in 2016.

Najib is charged with using his position as then-prime minister to order amendments to 1MDB’s final audit report before it was presented to the PAC to prevent any action against him.

Arul was charged with abetting the then-premier in making the amendments.

The charges are framed under Section 23 (1) of the MACC Act 2009, which specifies 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.

The prosecution contended that following a meeting on Feb 24, 2016, a decision was made to remove or alter certain portions of the 1MDB audit report, including dropping the presence of fugitive businessperson Low Taek Jho (Jho Low) at the fund’s board meetings.

Another issue that was allegedly dropped from the audit report was the two conflicting 2014 financial statements of the sovereign wealth fund.

Besides Arul and Ali, others who were present at the meeting were Ambrin, former National Audit Department officer Saadatul Nafisah Bashir Ahmad, Shukry, and then Attorney-General’s Chambers representative Dzulkifli Ahmad.

Najib is currently serving a 12-year jail sentence over the RM42 million SRC International corruption case. SRC used to be a subsidiary of 1MDB.

SRC later became fully owned by the Minister of Finance Incorporated (MOF Inc), which also fully owned 1MDB.

Najib also used to be adviser emeritus to SRC and chairperson of 1MDB’s board of advisers.

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