NAJIB Razak’s third trial, for allegedly tampering with an audit report on 1Malaysia Development Bhd, is scheduled to begin today, although the court must first decide on his application for a postponement.

Kuala Lumpur High Court judge Mohamed Zaini Mazlan will rule this morning on whether to allow the former prime minister’s application to put off roceedings until January 13 next year.

On Friday, Najib’s lawyers told the court that they need more time to prepare for the defence stage of the SRC International Sdn Bhd trial, in which their client faces seven criminal charges involving RM42 million of public funds.

In a surprise move, Najib’s co-accused in the report tampering trial, former 1MDB chief executive Arul Kanda Kandasamy, objected to the postponement bid.

“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,” Arul Kanda’s lawyer, N. Sivanathan, told the court on Friday.

Najib and Arul Kanda are on trial for allegedly tampering with a 2016 government audit report on the troubled state investor.

The 66-year-old Najib is accused of using his position to remove parts of the final 1MDB audit report between February 22 and 26, 2016 at the Prime Minister’s Department before it was tabled to the Public Accounts Committee (PAC) to protect himself from criminal action.

Arul Kanda, 43, is accused of abetting him.

Both claimed trial when charges were filed against them on December 18 last year.

Hearing has been fixed from today to November 29, and from January 13 to 17. Some 30 prosecution witnesses are expected to be called to the stand.

Former Federal Court judge Gopal Sri Ram will lead the prosecution, assisted by deputy public prosecutor Mohd Akram Gharib.

Najib is represented by lawyers Muhammad Shafee Abdullah, Harvinderjit Singh, Wan Aizuddin Wan Mohammed, Muhammad Farhan Muhammad Shafee and Syahirah Hanapiah.

Besides Sivananthan, counsel Jasmine Cheong and Dhanyaa Shreeya Sukumar are acting for Arul Kanda.

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 amendments to the audit report before the final copy was presented to PAC.

Arul Kanda was charged with abetting Najib in making amendments to the report to protect the latter from being subjected to disciplinary, civil or criminal action in connection with 1MDB at the same place and time.

In all, Najib faces 42 charges spread out over five criminal trials.

For his yet-to-be-heard trials, he faces six counts of criminal breach of trust involving RM6.6 billion in government money paid out to settle debts with Abu Dhabi sovereign wealth fund International Petroleum Investment Company, and three counts of money-laundering involving RM27 million in SRC International funds.

The trials will proceed one at a time, as Najib’s right as an accused requires that he be present for all hearings, including those on interlocutory matters, to ensure fair proceedings.

The burden of proof is on prosecutors, who must prove that Najib is guilty beyond reasonable doubt. Till then, he is presumed innocent. – November 18, 2019.