THE Kuala Lumpur High Court will make a ruling tomorrow on the status of a witness statement by former 1Malaysia Development Berhad (1MDB) chief executive officer (CEO) Mohd Hazem Abdul Rahman following objections from former prime minister Najib Razak’s lawyers.

Najib’s lead counsel Muhammad Shafee Abdullah had earlier objected to Hazem’s witness statement before he was called to the stand today.

Shafee said the testimony contained hearsay evidence that should not be allowed by the court.

Hazem was to be the 10th prosecution witness in the graft trial against Najib who is on trial for four counts of power abuse to enrich himself with RM2.3 billion from 1MDB and 21 counts of laundering the same amount.

Shafee told the court that Hazem’s written testimony contained several parts that were hearsay evidence, including on matters involving fugitive financier Low Taek Jho (also known as Jho Low) and on allegations that Najib used the 1MDB money to help fund his political party Umno.

“This is reflected in a paragraph we are taking objection too. If I may, just refer to that, just to illustrate the extent of the hearsay and therefore the inadmissibility.

“For instance in paragraph six… there are two parts ‘in this meeting, Jho Low informed me the real reason 1MDB was formed which is to help Umno from businesses and through strategic investments’ but he did not indicate specifically how he (Najib) will use 1MDB to help Umno,” Shafee told the court today.

Hearsay evidence is unverified or unofficial information gained or acquired from another and is not part of one’s direct knowledge.

Shafee had previously similarly applied to dismiss the witness statement from another prosecution witness, former 1MDB CEO Shahrol Azral Ibrahim Halmi.

Judge Collin Sequerah, who is presiding over the case, had then ruled that he would decide on the matter at the end of the prosecution case.

Prosecutor Akram Gharib today pointed this out to the court and said there was no problem in calling Hazem to the stand.

He explained the 24 pages of testimony that were being contested were crucial to paint a bigger picture to the whole 1MDB saga, adding that the prosecution planned to use the testimony to explain how exactly Najib and Jho Low were involved in the running of the fund.

“They are not hearsay, they are admissible because they form part of the transaction.

“I refer you to the charges, at the end of the day, this is what we are trying to prove that the accused did some sort of act. In order for us to prove that, we have to call the witness.

“In doing that, they have to tell a story, they have to justify how they came about doing the action… otherwise, it won’t be a full story,” Akram told the court.

Sequerah, however, asked that if Jho Low and former 1MDB lawyer Jasmine Loo were not called as witnesses or put in the docks, the witness testimony would be deemed inadmissible in the court.

He said it would be difficult for him in the end to make a decision on what is hearsay and what is not.

“Fact of the matter is that if Jho Low and Jasmine Loo are not going to be called or brought to the docks, the statement would be deemed hearsay,” he said.

Akram said the prosecution would justify Hazem’s testimony by providing emails from Jho Low.

After hearing both sides, Sequerah decided to adjourn the case for today and will make a decision tomorrow.

Najib is on trial on four counts of power abuse to enrich himself with RM2.3 billion from 1MDB and 21 counts of laundering the same amount. He faces up to 20 years imprisonment, if convicted.

The trial resumes tomorrow. – September 7, 2020.