Court allows ex-1MDB CEO’s witness statement to stand for now


Kamles Kumar

Najib Razak is on trial for four counts of power abuse and 21 counts of money laundering. A high court judge is allowing a witness statement to be submitted despite objections from Najib’s lawyers. – The Malaysian Insight file pic, September 10, 2020.

THE Kuala Lumpur High Court today allowed a witness statement from a prosecution witness to be submitted in Najib Razak’s graft trial despite objections raised by the defence lawyers.

Justice Collin Sequerah ruled that he would allow the witness statement to be tendered and would decide on its admissibility at the end of the prosecution’s case.

“This court rules that the decision to determine whether certain passages in the witness statement which constitutes ‘hearsay’ be suspended until the end of the prosecution’s case,” he said.

Sequerah added there may be portions of the witness statement which might be pertinent for the prosecution’s case and concluded that it will decide after getting more evidence.

“This court is not in a position to determine the admissibility of the witness statement as other evidence will be introduced in the case,” he ruled.

Najib’s lead counsel, Muhammad Shafee Abdullah, had last week objected to former 1Malaysia Development Berhad (1MDB) chief executive officer Mohd Hazem Abdul Rahman’s witness statement on the grounds that it contained hearsay evidence that should not be allowed by the court.

Shafee had contested 24-pages out of Hazem’s witness statement, saying that they 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.

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

Hazem is 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.

Justice Sequerah today said if the 24-pages were omitted, it would not give the prosecution a chance to paint a picture of the whole 1MDB saga.

“If I were to exclude the passages the prosecution may be deprived of the opportunity.

“The prosecution may be prejudiced as they may not be able to unfold the narrative. The evidence of the witness is to be admitted in its entirety at this juncture,” Sequerah said.

The defence had also previously applied to dismiss the witness statement of another witness, former 1MDB CEO Shahrol Azral Ibrahim Halmi, in September.

Sequerah had similarly ruled that he would decide on the matter at the end of the prosecution case.

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 on Monday. – September 10, 2020.


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