KUALA LUMPUR: Senior lawyer Tan Sri Muhammad Shafee Abdullah today challenged the key prosecution witness in the 1Malaysia Development Bhd (1MBD) trial to prove that Datuk Seri Najib Razak was a "monster" who controlled the board of directors like "lambs to a slaughterhouse".
This came after former 1MDB general counsel Jasmine Loo Ai Swan told the court that the board of directors had blindly followed the former prime minister, who is the sole shareholder of the company.
Shafee disagreed with Loo's statement and asked her why the board of directors did not exercise their own judgment instead of blindly following Najib's decisions.
Loo said under Article 117 of 1MDB's Memorandum and Articles of Association, all decisions involving substantial transactions require the approval of the then prime minister.
Shafee: My client, who was the finance minister at that time, did it in accordance with the law. He took note of the directors and gave his approval, as stated in Article 117 as the shareholder, so where is the inconsistency? Where is the paper that made the (then) PM a monster and (that) he led the poor directors who were like lambs to the slaughterhouse?
Loo: Although it is not said specifically in (Article) 117, but in substance, the individual was the same. 1MDB treated the shareholder (Najib) in his capacity as prime minister and shareholder.
Article 117 stipulates that the prime minister has the final say on Memorandum and Articles of Association amendments or the appointment and dismissal of directors and the highest management of 1MDB.
It also states that any investment, financial and structuring decision involving the company's interests that are closely related to any national interest, security and government policy must obtain written approval from the prime minister.
The trial before presiding judge Datuk Collin Lawrence Sequerah was cut short as Najib suffered from diarrhoea.
Kajang Prison health clinic medical officer Dr Mohd Hafiz Mohd Hoshni testified that Najib had reported experiencing a stomachache and visited the washroom three times this morning.
Deputy public prosecutor Ahmad Akram Gharib brought Dr Mohd Hafiz to the court after being notified about Najib's illness by the prison authority during the court's short break.
"He is weak, tired and dehydrated. I prescribed him Buscopan, Lomotil and oral rehydration salt," he said, adding that Najib's blood pressure was low.
Sequerah agreed to adjourn today's proceedings and ordered the trial to resume tomorrow (April 3).
Najib, 70, is standing trial on 25 charges of abuse of power and money laundering involving 1MDB funds amounting to RM2.28 billion.
