THE Kuala Lumpur High Court has allowed the prosecution to amend the abuse of power charge faced by Najib Razak in the 1Malaysia Development Bhd audit report tampering trial.

Presiding judge Mohamed Zaini Mazlan made the ruling after two hours of submissions by lawyers this morning. 

He said the amendments would not be prejudicial to Najib’s defence. 

The judge gave an assurance that the defence would not be put at any disadvantage and would have the right to recall and cross-examine any of witnesses who have testified.

Najib, who turns 67 next month, was then read his charge, along with former 1MDB CEO Arul Kanda Kandasamy, who is charged with abetting the former prime minister.

Najib claimed trial 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 final audit report after it was finalised by the National Audit Department and before it was finalised again and tabled to the Public Accounts Committee (PAC).

The prosecution amended the words “finalised” and “finalised again” in the charge, which was read out in Bahasa Malaysia.

Earlier during submissions, deputy public prosecutor Ahmad Akram Gharib argued that the proposed amendments do not change the character of the charge but it was “merely to clarify” them. 

Amendments of charges were also permitted by law, he added.

Akram further argued that the defence has not completed cross-examining four crucial witnesses – former chief secretary to the government Ali Hamsa, National Audit Department (NAD) director Nor Salwani Muhammad, former auditor-general Ambrin Buang and former NAD audit director Saadatul Nafisah Bashir Ahmad. Seven witnesses have testified in the trial’s 10 days of proceedings.  

“Our lordship is not deciding whether the accused is guilty or innocent at this stage,” said lead prosecutor Gopal Sri Ram, who added that the changes were consistent with the principles of law and was not prejudicial to Najib.

Zaini fixed July 23 to hear Najib’s application to strike out his charge. The court will also hear Najib’s application to recuse prosecutor Sri Ram on August 7.

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.

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

Najib was represented by Muhammad Shafee Abdullah, while N. Sivananthan acted for Arul Kanda. – June 24, 2020.