KUALA LUMPUR: The prosecution in the case of Datuk Seri Najib Razak and former 1Malaysia Development Bhd (1MDB) chief executive officer (CEO) Arul Kanda Kandasamy involved in the alleged tampering of the sovereign wealth fund’s final audit report is seeking a postponement of the trial.
The trial dates was originally fixed from Nov 18 to 29, and between Jan 13 and 17, next year.
Lead prosecutor Datuk Seri Gopal Sri Ram said they are asking for the dates to be vacated because a key witness who will be called is currently testifying under cross-examination in the former prime minister’s other case involving the misappropriation of RM2.28 billion of 1MDB funds (1MDB trial).
He informed the court that Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah had on Nov 6 indicated during the 1MDB trial that it was unlikely that the cross-examination against former 1MDB CEO Datuk Shahrol Azral Ibrahim Halmi would be completed by Nov 14.
“One of our principle witnesses who we would have called in as the first is now a witness under cross examination (in the 1MDB trial), and the cross examination according to indications yesterday (Nov 6) is unlikely to be completed by Nov 14,” he said.
He added that the reason the prosecution was seeking for the trial dates to be vacated was because it would be prejudice to their case if Shahrol was called in while he was still testifying in the 1MDB trial.
“He (Shahrol) is a very important witness in this case and I need time to prepare the opening statement and marshal my team,” he said.
Meanwhile, Shafee said he did not have any objections to the application for the postponement as it would actually be an advantage to him to have more time.
“I am quite neutral about this because I think there are advantages for me to finish off because we can use the extra time for our defence when the case comes up.
“As long as I am not fighting the cases simultaneously,” he said.
High Court judge Mohamed Zaini Mazlan then fixed Nov 13 to decide whether to allow the prosecution's application to vacate the original trial dates.
Counsel Jasmine Cheong represented Arul Kanda.
On Dec 12 last year, Arul Kanda, 43, was charged at the Sessions Court with committing the offence between Feb 22 and 26, 2016.
He allegedly abetted Najib, 66, in using the latter’s position as then prime minister to order the amendment to the report.
On the same day, Najib was charged with using his position to order amendments to the 1MDB final audit report before it was tabled to the Public Accounts Committee (PAC) to avoid any action being taken against him.
Najib was charged, in his capacity as a public officer, which was the Prime Minister, with using the position to obtain gratification for himself to evade disciplinary, civil or criminal action against him in connection with 1MDB, by ordering alterations to the 1MDB final audit report before it was finalised and tabled to the PAC, where he directly had interest in.
