KUALA LUMPUR (Jan 5): Former 1Malaysia Development Bhd (1MDB) chief financial officer (CFO) Azmi Tahir said he does not know why he was not charged with any offence related to the company, despite the fact that some of his subordinates such as his deputy Terence Geh Choh Heng were charged.

Azmi, 47, had on Wednesday confirmed that there were no criminal charges against him, adding that: "I do not know why I was not charged."

The 12th prosecution witness was asked by former prime minister Datuk Seri Najib Razak's counsel Datuk Hariharan Singh Tara Singh at the High Court why several individuals, including Geh, 1MDB's general counsel Jasmine Loo Ai Swan and fugitive businessman Low Taek Jho (Jho Low), were charged while he was not.

This was despite the fact that Azmi was responsible for the finances of the company. The witness agreed with the defence counsel that he was investigated by the police in 2015, and only called by the Malaysian Anti-Corruption Commission (MACC) in 2016.

Despite billions of ringgit in funds leaving the company, there was no charge levelled against Azmi nor was there any suit filed against him; he acknowledged not receiving the 1MDB suit.

Hariharan showed Azmi the charges levelled by the prosecution against Jho Low, Loo and Geh, which the witness said he had no knowledge of.

Azmi also agreed that despite not holding any position in 1MDB, Jho Low was also charged with money laundering.

However, he maintained that Jho Low stood as Najib's proxy in the state-owned company.

“He [Jho Low] was part of the government's framework and representative of the shareholder [Finance Ministry in 1MDB] Datuk Seri Najib,” Azmi said when prodded by Hariharan.

The former CFO disagreed with the lawyer's suggestion that Jho Low had nothing to do with the Najib.

Azmi is testifying in Najib's trial over abuse of power and money laundering charges in relation to US$680 million (RM2.67 billion) of 1MDB funds.

During the cross-examination, Hariharan pointed out that Geh was Azmi's deputy.

The witness said when the authorities — including the MACC — questioned him in 2016 and 2017, he did not know who would be charged at that point, as they were asking questions about Jho Low and Loo.

“I was asked why 'the large transfer of funds' happened with the agreements referred to during those years,” he said.

Hariharan then referred to a report published by The Edge in December 2018 which mentioned that Geh was charged. Azmi said he did not see the article.

The lawyer tried to put it to Azmi that besides Geh, he too had dominion over 1MDB's finances. However, the witness refuted this, asserting that Jho Low had played a role in the fund's financial affairs.

Nonetheless, he concurred that he may have co-signed some of the deals which were entered into by 1MDB, such as the acquisition of power plants and the construction of the Tun Razak Exchange (TRX) development here.

“However, I did not make the decision myself and Jho Low played a bigger part in those decisions,” he added.

When Hariharan referred to the RM8 billion suit filed by 1MDB in May last year, Azmi said he had not been served with the suit for breach of fiduciary duty, conspiracy, fraudulent, dishonest assistance and other allegations until today, and he does not know anything about it.

Azmi dismissed the lawyer's assertion that since Jho Low had been charged in absentia, then "you must also be seen as dishonestly assisting the fugitive businessman”.

The witness also disagreed that he dishonestly assisted Jho Low, but agreed that his name was removed as one of the seven defendants in the suit.

This led to the lawyer suggesting that the reason Azmi's name was removed was so that he could provide incriminating evidence against the former premier and former finance minister, which the witness strongly denied.

Besides Azmi, the six other names which were removed from the 1MDB main suit were former directors Tan Sri Che Lodin Wok Kamaruddin, Tan Sri Ismee Ismail, Tan Sri Ong Gim Huat and Ashvin Jethanand Valiram, former 1MDB CEOs Datuk Shahrol Azral Ibrahim Halmi and Mohd Hazem Abdul Rahman.

The trial continues before Justice Datuk Collin Lawrence Sequerah.

The Edge is covering the trial live here.

Users of The Edge Markets app may tap here to access the live report.

Read also:
Najib’s modus operandi identified in 1MDB US$8 bil suit
Ex 1MDB executive director Geh to be charged for US$125m CBT
Former 1MDB CFO: I wouldn’t say I doubted 1MDB management’s decisions, but I was worried