DESPITE being the co-accused in Najib Razak’s 1MDB audit tampering trial, Arul Kanda Kandasamy has objected to the former prime minister’s application to postpone the trial, which is slated to begin on Monday.

The former 1MDB CEO’s lawyer, N. Sivanathan, today urged the court to reconsider the application by Najib to delay the trial.

“We have another accused in this trial, whose interest is also to be protected equally,” Sivanathan told the court presided by justice Mohamed Zaini Mazlan.

Najib’s lawyers were also present in court today, arguing for a postponement of the trial.

Defence counsel Harvinderjit Singh, who was accompanied by lawyer Farhan Read, told the court that his team needed more time to prepare for the defence stage of the SRC International trial, where Najib faces seven criminal charges involving RM42 million in public funds.   

“As much as I understand the predicament, my client has been under a dark cloud and he wants to see the trial go on so that he is given the opportunity to vindicate himself,” Sivanathan said.

“The court has to look at the interests of all the accused persons. To vacate the two weeks… I foresee the same situation in January, where the case would also be vacated in January.”

Najib is charged with abuse of power over the alleged removal of parts of the final 1MDB audit report between February 22 and 26, 2016, at the Prime Minister’s Office in Putrajaya.

Najib is accused of using his position as prime minister to obtain gratification in the form of disciplinary, civil and criminal immunity related to 1MDB by ordering the amendments to the audit report before the finalised copy was presented to the Public Accounts Committee.

The offence, under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, is punishable by a maximum 20 years’ jail, a fine of at least five times the amount of gratification, or RM10,000, whichever is higher.

Arul Kanda is charged with abetment. It carries the same penalty as Najib’s charge. 

Najib’s lawyers also informed the court that his legal team would apply to obtain the witness statements of all 112 individuals questioned by the Malaysian Anti-Corruption Commission in relation to the SRC International trial. A total of 57 prosecution witnesses testified at the trial.

Harvinderjit said if the statements are not obtained, the defence may ask SRC International’s presiding judge, Mohd Nazlan Mohd Ghazali, for a postponement to allow the defence to interview witnesses.  

“We’re between a rock and a hard place… It’s not easy, that’s all I’m going to say,” Harvinderjit said.

“I’ll give my decision on Monday itself,” Zaini later ruled.  

“I’ll take into consideration the results (of today’s hearing), but please come on Monday morning and come prepared in case I disallow the adjournment. I’ll be fair as best as I can.”

Najib’s SRC International trial is scheduled to run from December 3 to 19.

The 1MDB audit tampering trial dates have been fixed from November 18 to 29, and from January 13 and 17, next year.

Deputy public prosecutor Ahmad Akram Gharib, who led the prosecution today, told reporters that about 30 prosecution witnesses will be produced.

Najib has five criminal cases – with three ongoing – and they cannot go on simultaneously as he has to be present in court to ensure a fair trial. – November 15, 2019.