Najib’s 1MDB trial delayed due to SOP problems, witnesses unable to testify


Hailey Chung Wee Kye

Convicted former prime minister Najib Razak’s 1MDB trial has proceeded all but briefly today, at the High Court in Kuala Lumpur. He was initially barred from the court room due to his MySejahtera status, while one witness could not give evidence and a second complained he was unwell during cross-examination. – The Malaysian Insight pic by Kamal Ariffin, December 16, 2021.

NAJIB Razak’s RM2.28 billion corruption trial faced more delays today as his MySejahtera status prevented him from entering the court room and witnesses were declared unfit to give evidence.

The convicted former prime minister was spotted on the grounds of the court complex in Kuala Lumpur before he entered the court room at 10.30am, an hour and a half after the hearing was due to begin.

His MySejahtera status is still yellow, which forbids entry into the court room, according to standard operating procedures. But he was eventually allowed to make an appearance.

Deputy Public Prosecutor Ahmad Akram Gharib informed the court that former 1Malaysia Development Bhd (1MDB) chief financial officer Azmi Tahir has a family emergency and will not be available for cross-examination by the defence.

Azmi is the 12th prosecution witness.

The defence then called former 1MDB director Ismee Ismail, who is the 13th prosecution witness, for cross-examination by Hariharan Tara Singh for about an hour, but Ismee said he is unwell and on painkillers.

Judge Collin Lawrence Sequerah had initially allowed a 15-minute break for Ismee and proposed to resume the trial in the afternoon, but the latter said he felt “uncomfortable” due to a ligament issue.

“When I was called (in) today, I was quite reluctant to come. I did anyway due to a sense of responsibility, but I do not think I can go on,” said the witness.

Sequerah sighed as he adjourned the trial, saying “we keep losing dates by the day, by the month, by the year”.

Hariharan managed to question Ismee about his career, to establish whether the latter is familiar with a director’s responsibilities and fiduciary duties.

He put to Ismee that the latter was under pressure when giving evidence to the Malaysian Anti-Corruption Commission (MACC) against Najib during 1MDB investigations in 2018.

“It was not pressure from anybody. It is difficult to explain. There were fear and uncertainties because at the time, I was wondering what was happening,” said the witness, adding that he was also concerned about his and his family’s safety.

Ismee explained that he was giving facts and not evidence against Najib, as the lawyer put it.

Hariharan then brought up a previous civil suit filed by 1MDB against Ismee, which was later dropped, and suggested that MACC had promised Ismee protection from legal action.

Ismee disagreed that such promises were made to him to escape prosecution.

Hariharan: Do you feel betrayed when the government of Malaysia, through 1MDB, filed a civil action against you?

Ismee: I would not use the word betrayed. I was very sad. It was more sad than betrayed.

Najib is facing 25 charges of abuse of power and money laundering involving RM2.28 billion in 1MDB funds, which were allegedly deposited into his AmBank accounts between February 2011 and December 2014.

The 68-year-old politician faces up to 20 years in prison if found guilty.

The 1MDB-Tanore trial was postponed on Monday and Tuesday after the Pekan MP was barred from entering the court due to his “yellow” MySejahtera status and amid his 10-day quarantine.

Sequerah also rejected the prosecution’s application for a hybrid hearing.

The trial will resume on January 5. – December 16, 2021.


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