THE prosecution in Najib Razak’s 1Malaysia Development Bhd audit report tampering trial is expected to amend the abuse of power charge against the former prime minister tomorrow.

Lead prosecutor Gopal Sri Ram informed Kuala Lumpur High Court earlier today that the prosecution is seeking to amend the single charge that Najib faces in the trial.

Deputy public prosecutor Ahmad Akram Gharib then told reporters the prosecution wanted to make “abundantly clear” that the final 1MDB audit report was altered.

He added that the charge against former 1MDB CEO Arul Kanda Kandasamy, who is also on trial for abetting Najib, would also be amended.

Should the court allow an amendment by the prosecution, the defence has the right to recall all prior witnesses in view of the change in the criminal charge.

Najib pleaded not guilty on December 12, 2018, 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, to protect himself from criminal action.

He was charged, in his capacity as prime minister and a public officer, with using the position to obtain gratification for himself, which was to evade disciplinary, civil or criminal action against him in connection with 1MDB by ordering alterations to the 1MDB final audit report before it was tabled to the Public Accounts Committee (PAC).

The charge is framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum prison term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000 upon conviction.

Section 23 of the MACC Act forbids any public official who uses his post for offers for himself, his family or those around him.

Arul Kanda was charged with abetting Najib by making amendments to the report, in accordance with Section 28(1)(c) of the MACC Act 2009 read with Section 23(1) and 24(1) of the same act which provides for similar punishment, if found guilty.

The trial, before Justice Mohamed Zaini Mazlan, resumes tomorrow. – June 16, 2020.