FORMER 1Malaysia Development Bhd (1MDB) chief executive officer Arul Kanda Kandasamy has submitted a letter of representation for the prosecution to withdraw its appeal against him in the 1MDB audit tampering case.

Arul’s lawyer, Jasmine Cheong, confirmed the representation was sent to the Attorney-General’s Chambers (AGC) on July 20.

The prosecution is appealing to the Court of Appeal against a High Court’s decision in acquitting and discharging former prime minister Najib Razak and Arul Kanda in the 1MDB audit tampering case.

Meanwhile, lawyer Alaistair Brandah Norman appearing for Najib said they have not filed a representation to the AGC to withdraw the appeal.

A case management was held today before Court of Appeal senior assistant registrar Nurul Azrina Mohamed Yusof who fixed August 28 for another case management. This is for the AGC to update the court on the status of Arul’s representation and of the prosecution’s appeal.

On March 3, High Court judge Mohamed Zaini Mazlan (now a Court of Appeal judge) freed Najib and Arul Kanda without calling them to enter their defence.

The judge ruled the prosecution had failed to prove a prima facie case against them.

In his grounds of judgment, Justice Zaini said he had given a maximum evaluation at the end of the prosecution’s case and found no evidence to suggest or prove that Najib explicitly directed the amendments made to exonerate him from any civil or criminal liability.

In Arul’s case, the judge found that he (Arul) was consistent throughout his testimony and that his statements were compatible with the evidence produced, as well as the testimonies of other witnesses.

Najib, who is currently serving a 12-year jail sentence in Kajang Prison for misappropriating SRC International Sdn Bhd funds, was 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 was charged with abetting the former prime minister in making the amendments to the report, to protect him (Najib) from being subjected to action.

The offence was allegedly committed at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Putrajaya between February 22 and 26, 2016.

The prosecution filed a notice of appeal at the Court of Appeal on March 9 this year. – Bernama, July 21, 2023.