FORMER 1Malaysia Development Bhd (1MDB) CEO Arul Kanda Kandasamy is still a co-accused even though he may be called as a prosecution witness, his lawyer said.

“He is compelled to give evidence under the provisions of section 63 of the MACC Act,” lawyer N. Sivananthan said in a statement today. 

“Second, it is my client’s position that when investigations were first commenced by the MACC, he co-operated and provided the investigators with all information within his knowledge. 

“His position then and now is that he should never have been charged.

“In that context, should the judge decide that he is to become a prosecution witness under section 63 of the MACC Act, then in that situation he is prepared to give evidence consistent with the statements he has previously given to the MACC,” Sivananthan said, following a Bernama report describing Arul Kanda as a happy prosecution witness.

Earlier today, Sivananthan, told Kuala Lumpur High Court that Arul Kanda was prepared to stand by his previous statement given to the MACC during case investigation.

Arul Kanda “happily agrees” with the request by the prosecution, he added.

Judge Mohamed Zaini Mazlan fixed June 24 to deliver his decision after hearing submissions from senior deputy public prosecutor Gopal Sri Ram and Najib’s lead lawyer, Muhammad Shafee Abdullah.

Shafee earlier opposed the request, saying that the prosecution is acting in bad faith and that it can amount to an abuse of process.

He said the prosecution should have made the application at the beginning of the trial in 2019, so as to not allow Arul Kanda to hear evidence from other witnesses. 

Najib, 68, is charged with using his position to order amendments to the 1MDB final audit report before it was presented to the Public Accounts Committee to avoid any action being taken against him, while Arul Kanda, 45, is charged with abetting Najib.

Both are charged under section 23(1) of the MACC Act 2009, which provides for a prison term of up to 20 years and fine of no less than five times the amount of gratification, or RM10,000, whichever is greater, upon conviction. – June 14, 2022.