1MDB yet to greenlight ex-lawyers testifying for Najib

Summary

• 1MDB has yet to sign off on a solicitor-client waiver for its two former lawyers to testify on behalf of Najib Abdul Razak's defence in the RM2.27b abuse of power and money laundering trial.

• The defence team wrote to the prosecution in February to seek the two lawyers to testify in court, and the prosecution then wrote to 1MDB for the waiver.

• The prosecution told the High Court that 1MDB would be convening a board meeting today to discuss the signing.

1MDB TRIAL | 1MDB has yet to sign off on a solicitor-client privilege waiver for the sovereign wealth fund's two ex-lawyers to testify on behalf of ex-prime minister Najib Abdul Razak's defence.

Deputy public prosecutor Ahmad Akram Gharib told the High Court in Putrajaya this during the RM2.27 billion 1MDB abuse of power and money laundering trial against the ex-finance minister today.

Last month, Najib's counsel Shafee Abdullah wrote to the prosecution to seek 1MDB's two ex-counsel to testify for the accused's defence. Prosecutors wrote back to 1MDB's chairperson Johan Mahmood Merican on Feb 18.

During proceedings before judge Collin Lawrence Sequerah, Akram informed that the prosecution was notified earlier that 1MDB would be holding a board meeting today to deliberate over the signing of the waiver.

When Sequerah asked whether this would delay the trial, the prosecutor said he was informed by 1MDB's current counsel that the chairperson, who is also Treasury secretary-general, would sign it today and send the letter to the prosecution.

"If it is not done today (sign off on waiver), let me know tomorrow so I can make whatever necessary orders at my disposal to expedite the trial.

"I do not think I am very keen to wait for anyone there to put pen to signature, to hold up this trial which is of public interest," the judge said over the trial that has been proceeding since late 2019.

Akram assured that they would keep tabs with 1MDB over the matter.

Lodin rejects Najib proxy accusation

Earlier today, the court heard Najib's defence witness and former 1MDB chairperson Che Lodin Wok Kamaruddin rubbishing the prosecution's contention he was a proxy of the accused in the troubled sovereign wealth fund.

Lodin was replying during cross-examination by deputy public prosecutor Kamal Baharin Omar.

Kamal: I put to you that you are actually a proxy of Najib in 1MDB to ensure that all (dubious) actions can be carried out. Do you agree with me?

Lodin: I disagree.

Having been with 1MDB since early 2009, the then director was promoted to chairperson when Bakke Salleh stepped down in October that year.

In 2022 on behalf of the prosecution, Bakke testified that he stepped down as he suspected that Najib was involved in alleged wrongdoing at 1MDB.

The prosecution witness gave oral evidence that Najib did not reply to Bakke’s SMS in 2009 where the then chairperson raised the issue.

However, in January this year, Najib counter-testified that Bakke should have tried to meet him to discuss the issue before resigning, rather than just sending an SMS.

Lodin was 1MDB chairperson until 2016.

The trial is scheduled to resume tomorrow morning.

Prima facie case

On Oct 30 last year, the criminal court ordered Najib to enter his defence over four abuses of power and 21 money laundering charges involving RM2.27 billion from 1MDB.

Sequerah ruled that the prosecution had succeeded in establishing a prima facie (answerable) case against Najib due to the strength of some 50 witness testimonies, which included those of Bakke.

Between early December last year and late January this year, Najib spent 26 days on the witness stand trying to raise reasonable doubt in the prosecution’s case.

The accused contended that he had neither knowledge nor involvement in wrongdoing at 1MDB.

The former Pekan MP also relied on the defence that he was given a donation promise by the late Saudi monarch King Abdullah during a meeting between them in Riyadh in 2010.

The accused has been serving a six-year jail sentence since August 2022 over a separate graft case involving RM42 million from SRC International, a former subsidiary of 1MDB.

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