THE 1Malaysia Development Bhd audit report tampering trial has been adjourned pending the outcome of a hearing next week, which will decide whether amendments to Najib Razak’s criminal charge as sought by the prosecution are prejudicial.

Kuala Lumpur High Court judge Mohamed Zaini Mazlan vacated today’s hearing and will hear next Wednesday a submission by the defence regarding its objections to two changes to the former prime minister’s abuse of power charge.

Should Zaini dismiss the prosecution’s application to amend the charge, the defence could then apply for the court to discharge and acquit Najib on grounds that his charge is defective.

Lead defence counsel Muhammad Shafee Abdullah informed the court today that he would confer with his client on the possibility of applying to strike out the charge.

Najib claimed trial on December 12, 2018, to a single charge 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 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 finalised and tabled to the Public Accounts Committee (PAC).

The prosecution is seeking to amend the words “before” to “after”, and to also use the words “finalised again”.

Najib”s charge is framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, 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.

Shafee told the court today that the “crux” of the defence’s cross-examination of prosecution witnesses, particularly of former auditor-general Ambrin Buang and former chief secretary to the government Ali Hamsa, was that “there was never anything wrong to request to amend an audit report that has not been finalised”.

Shafee also knocked on former attorney-general Tommy Thomas, saying the latter’s “unfamiliarity with criminal law” had caused the error.

“He could have had 10 persons around him to ensure the charges would be perfect.”

Lead prosecutor Gopal Sri Ram maintained that despite the minor typographical errors, the evidence produced so far point to abuse of power.

“This is a case under Section 23 of the MACC Act. The most important thing is to focus on what the offence is, rather on whether the charge involves a draft.

“We are making it absolutely clear it is not a draft. We are not springing anything new on the defence. As far as we are concerned there are no substantial changes to the charge.”

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

Former 1MDB CEO Arul Kanda Kandasamy, who was also jointly charged with abetting Najib by making amendments to the report, was represented by lawyer N. Sivananthan. He did not object to any amendments to his charge. – June 17, 2020.