THE Malaysian Anti-Corruption Commission is unsure if the recently released audio clips of Najib Razak’s conversations with high-profile individuals were obtained through communications interception, chief commissioner Latheefa Koya said in high court today.

Latheefa, who was subpoenaed to testify as a defence witness at Najib’s SRC International trial, said she is not in a position to determine the authenticity of the recordings that were played for the public at a press conference on January 8.

When questioned by lead defence counsel Muhammad Shafee Abdullah, Latheefa agreed with the suggestion that the recordings may not be admissible as evidence in court as they fail to meet the requirements of history, provenance and originality.

To be admitted as evidence, lawyers must show how the recordings were made, the chronology of their ownership and they were not tampered with.

She, however, said the content of the recordings could be used to start investigations that could lead to other evidence of wrongdoing, adding that the issue of authenticity is now under the purview of the police as she handed the recordings to them.

“I am talking about the content and the content we found out potential offences that were committed through the breach of secret documents and these things have to be investigated,” said Latheefa from the witness stand.

“In the course of investigation, the police could call up the witnesses and persons involved and verify where these things took place. And if they took place, you would not necessarily need the tapes to be admitted in court.”

Shafee suggested the recordings could be the result of an illegal interception for intelligence purposes, to which Latheefa said anything was possible.

The clips were delivered in an envelope to MACC special officer Ahmad Nizam’s home, who then informed deputy chief commissioner (operations) Azam Baki of the matter, said Latheefa.

She said a meeting was held on January 3, which was also attended by MACC anti-money laundering division director Mohamad Zamri Zainul Abidin.

The envelope contained nine thumb-drives along with a written paper that categorised them. Latheefa said another meeting was held the following Monday, after which she learned that the recordings revealed conversations linking high-profile individuals that were involved in alleged abuse of power, conspiracy, fabrication of false evidence and the leaking of state secrets.

Those in the recordings include Najib, his wife Rosmah Mansor, former MACC chief Dzulkifly Ahmad who was then a prosecutor with the Attorney-General’s Chambers (AGC), Umno lawmaker Azeez Abdul Rahim, as well as the crown prince of the United Arab Emirates, Sheikh Mohammed Zayed Al Nahyan, allegedly conspiring to manipulate information regarding 1Malaysia Development Bhd and SRC International.

“The purpose for us to hold that press conference was to share with the public and the media and to reveal the content which involves very serious matters of public interest. It reveals conversations which will show that representatives or members of government institutions such as the AGC, MACC and the prime minister’s office were involved in conspiring to cover up certain investigations against persons who hold the highest office in the country.”

Shafee argued on the admissibility of the recordings: “Unless you have someone coming to court to establish that I’m the one who taped recorded this, I am the originator and I have the history, it would not see daylight in court.

“You cannot determine whether this interception was a product of illegality. You have to determine whether there was an ongoing investigation on the person being investigated,” Shafee added.

Latheefa responded: “Najib was being investigated in an ongoing corruption case. If that was the case, it would not be a surprise if someone is listening to him during an ongoing investigation.”

She further defended the move to publicise the recordings: “It was my duty to show (them), so the public knows that never again can the A-G, or the PMO or the MACC be involved in offences such as revealing secret information, tampering or fabricating evidence to avoid being prosecuted,” she said.

Earlier, Shafee told the court that his interest was in two of the audio recordings: “I want to see if I can admit the various tape recordings that were released in the January press conference because they are beneficial to my client.”

Ad hoc prosecutor V. Sithambaram later said Latheefa was a defence witness and the burden was on the defence to prove the admissibility of the audio recordings and not to goad the witness into admitting its inadmissibility.

Justice Mohd Nazlan Mohd Ghazali adjourned the trial to Monday, where Latheefa will continue to testify. – March 5, 2020.