Najib's 1MDB audit report trial postponed as last witness on MC

Najib Razak's 1MDB audit tampering trial has been postponed to next month as the last prosecution witness scheduled to testify today is suffering from intestinal bleeding.

Senior deputy public prosecutor Gopal Sri Ram told the High Court today that the witness, Malaysian Anti-Corruption Commission (MACC) investigating officer Haniff Lami, had been given two days of medical leave.

"I have attempted to make arrangements to have his evidence taken via Zoom, but unfortunately we did not have sufficient time to alert the court to make the arrangements. Otherwise, we would have proceeded with his evidence electronically.

"I apologise for that because the communications came late to us, close to 7pm yesterday... his medical certificate is in court, he is excused for two days," Sri Ram said.

Judge Mohamed Zaini Mazlan then said the trial would resume on Aug 12 with Najib’s lead counsel Muhammad Shafee Abdullah to continue the cross-examination of the 15th prosecution witness, former 1MDB CEO Arul Kanda Kandasamy, and with Haniff on standby to testify as the last prosecution witness.
 
Arul Kanda, who was charged alongside Najib in the 1MDB audit tampering trial, was not present in court today although Najib was in the dock.

Najib’s lawyer Rahmat Hazlan informed the court that Arul Kanda’s lawyer Jasmine Cheong had apologised for their absence today, citing a miscommunication with the prosecution. Sri Ram similarly asked the court to excuse Arul Kanda from appearing today.

Sri Ram said the court had to make a formal order to excuse Arul Kanda as he was still an accused person until he is issued a certificate of indemnity, to which the judge replied, "His present is excused."

Najib, 68, is charged with using his position to order amendments to the final 1MDB audit report before it was presented to the Public Accounts Committee to prevent any action from being taken against him.

Arul Kanda is charged with abetting Najib in making the amendments to the report to protect Najib from being subjected to action.

The offence was allegedly committed at the Prime Minister's Department Complex, Federal Government Administrative Centre, Putrajaya between Feb 22 and 26, 2016.

Both Najib and Arul Kanda were charged under Section 23 (1) of the MACC Act 2009, which provides for 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, upon conviction.