This article first appeared in The Edge Malaysia Weekly on October 17, 2022 - October 23, 2022

TIRED of the numerous delays in the 1Malaysia Development Bhd-Tanore (1MDB-Tanore) trial, judge Datuk Collin Lawrence Sequerah last week warned the defence to minimise any reserved cross-examination of witnesses.

Noting that the trial has been delayed for some time now, the High Court judge cautioned the defence that there would no longer be any reserved cross-examination of witnesses.

Subsequently, he stressed that should the defence be unable to conduct its cross-examination, he would take it as done and move on to the re-examination process.

Cross-examination in this trial is usually reserved so that lead defence counsel Tan Sri Muhammad Shafee Abdullah can question select witnesses on specific topics.

Last Tuesday (Oct 11), defence counsel Wan Aizuddin Wan Mohammed asked for the cross-examination of the prosecution’s 40th witness — former managing director at AmInvestment Bank Bhd, Kok Tuck Cheong — to be reserved.

Among others, Kok had been testifying on the RM5 billion Islamic medium-term notes (IMTN) by 1MDB’s predecessor, the Terengganu Investment Authority (TIA).

Wan Aizuddin informed the court that Muhammad Shafee would be conducting the cross-examination, but that the senior lawyer was engaged with another case that morning.

A stern Sequerah then said he had been accommodating the counsels’ schedules and had reserved questioning of witnesses as much as he could.

However, moving forward, if the lead counsel was not around, Wan Aizuddin would have to conduct the cross-examination. Otherwise, the judge said, he would take it that cross-examination was done and move on to re-examination of the witness.

“This trial has been going on in instalments … I have accommodated as much as I can. I cannot go beyond that.

“In future, if Tan Sri [Muhammad] Shafee is not available, Encik Wan [Aizuddin], you have to step up,” he said, noting that Wan Aizuddin was familiar with the facts of the case and was fully capable of handling the cross-examination.

At that juncture last Tuesday, the trial still had several witnesses yet to be cross-examined.

Lead prosecutor Datuk Seri Gopal Sri Ram who was present also pointed out that the witnesses in line to be crossed-examined were piling up.

The former Federal Court judge added that he too had many pending trials but had asked the respective presiding judges to make adjustments to the schedule.

Muhammad Shafee, who was back for the proceedings that afternoon, told the court that he would only ask to reserve the cross-examination if it is legally important, and that he would not do so out of convenience.

However, he also commented that this trial has been given a fast trajectory and that he had some clients who were imprisoned but that their cases had yet to begin.

Judge Sequerah’s caution last Tuesday comes on the heels of his reminder to all parties two weeks ago that the court has a commitment to conclude the delayed trial.

On Oct 6, a member of Shafee’s legal team, Alaistair Brandah Norman, informed the court that Muhammad Shafee may not be available to attend proceedings for two days the following week as he had to see to other ongoing matters.

However, deputy public prosecutor Mohamad Mustafa P Kunyalam objected to the postponement and told the judge that the 1MDB-Tanore trial should go on.

Sequerah concurred with Mustafa and asked the prosecution to line up new witnesses.

“We cannot [wait] for this court and that court. We have a commitment to finish this trial,” Sequerah said.

“We have to continue with new witnesses … I appreciate [that] he (Muhammad Shafee) has commitments, but this trial is being delayed for so long,” he said.

The trial continues on Nov 7 and is scheduled to go on for most of November. It began in 2019.

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