KUALA LUMPUR (Nov 16): The testimony of 1Malaysia Development Bhd's former legal counsel Jasmine Loo Ai Suan will either put a nail in former prime minister Datuk Seri Najib Abdul Razak’s coffin or help acquit him of his 21 money laundering charges, his lawyer Tan Sri Shafee Abdullah told the High Court here on Thursday.

Shafee made the remarks during Najib's 1MDB-Tanore trial when he was cross-examining investigating officer (IO) ACP Foo Wei Min about Loo before Justice Datuk Collin Lawrence Sequerah. Foo is the 48th prosecution witness in the trial that is named after 1MDB's dealings with Tanore Finance Corp, which saw US$681 million (about RM2.28 billion based on the exchange rate then), out of US$3 billion raised by 1MDB through a bond issue to develop the Tun Razak Exchange (TRX), flow into Najib's personal account in 2013.

Foo is part of the team that investigated Loo, who was arrested in July this year, after she returned to Malaysia. He said the scope of his investigations involved the recovery of 1MDB's assets from Loo.

Shafee asked Foo if Loo’s testimony is vital to Najib’s 21 money laundering charges.

Foo, was also previously involved in 1MDB investigations, was in charge of looking into 1MDB's dealings with Tanore, a shell company. The Tanore phase was when Najib received US$681 million from Tanore and then returned the money to the same company.

Below is an excerpt of the exchange:

Shafee: Do you agree with me that Jasmine Loo will be a vital witness for the 21 charges against Najib to unveil the issue of Tanore?

Foo: No, because in her statement she said she didn’t have control over Tanore's accounts.

Shafee then told Foo that Loo had power of attorney over the Tanore bank account registered in Falcon Bank, and repeated his question to him.

Shafee: But you didn’t know of her power of attorney over Tanore. You were ignorant of this. My question is now that you know of her power of attorney, she’s a critical witness?

Foo: Yes.

Shafee: Do you agree with me that Jasmine Loo can put a nail in Najib’s coffin, or acquit him?

Foo: I don’t want to answer this question.

Shafee: Why?

Foo: [Please ask] your question again.

Shafee: Jasmine Loo can put a nail in Najib’s coffin, or acquit him.

At this point, deputy public prosecutor Ahmad Akram Gharib interjected, saying Shafee shouldn’t ask the witness for his opinion. However, Sequerah allowed the question, which Shafee put to Foo again.

Shafee: She is such a critical witness, because she can put all the four nails in Najib’s coffin, and bury him further, or her testimony can tell of his knowledge or lack of knowledge of 1MDB, which will be favourable to Najib.

Foo: Yes, I agree.

During the cross-examination, Shafee also asked Foo if Loo had told him about a meeting she had with Jho Low and other 1MDB top brass like Azmi Tahir and Datuk Shahrol Azral Ibrahim Halmi in 2019 in China, when she and Jho Low were still wanted by the authorities.

Shafee: Are you aware Jasmine Loo met Jho Low in China not long before she was arrested? She met Jho Low in China, with some previous officers in 1MDB.

Foo: Yes. According to her statement, she met Jho Low in China, and with her were some other officials.

Shafee: Do you know their names? I know their names. [Former 1MDB chief financial officer] Azmi Tahir was there. He came here and pretended to be innocent.

Foo: I’m not sure. I was not informed.

Shafee: She told you she went to see Jho Low in China.

Foo: Yes, she did. In 2019.

Shafee then asked Foo about the relationship between Low and Loo.

Shafee: You agree with me, that Jasmine Loo was always in contact with Jho Low pertaining to Tanore Finance Corp?

Foo: She always had contact with Jho Low when she absconded for five years. But she never informed us that she discussed Tanore with Jho Low.

Earlier, Foo agreed with Shafee that Najib had no offshore account, while other players in the 1MDB scandal had offshore accounts.

Shafee: Do you agree with me, in your investigation, that Najib has never got an offshore account?

Foo: Yes.

Shafee: And you made serious efforts to find out if he has an offshore account?

Foo: Yes.

Shafee: And despite that, did you find any offshore accounts?

Foo: No.

Najib is on trial over four counts of abuse of power and 21 counts of money laundering involving the US$681 million from 1MDB. The trial resumes on Dec 5.