KUALA LUMPUR (April 26): Anyone called in by the Malaysian Anti-Corruption Commission (MACC), either as a witness or subject of investigation, is given ample opportunity to provide additional, detailed information as they please, and this includes imprisoned former prime minister Datuk Seri Najib Razak.
The prosecution's 49th witness in the ongoing 1Malaysia Development Bhd-Tanore (1MDB-Tanore) trial, MACC investigating officer (IO) Nur Aida Arifin, also said that statements would be recorded in a narrative manner.
Nur Aida also disagreed with defence counsel Wan Azwan Aiman's assertion that the anti-graft body merely asked the former finance minister to identify documents but never really explained how the documents pertained to the charges or allegations levelled against him, while recording his statements.
Wan Azwan: I put it to you that when it came to [recording his statements], the MACC merely asked him to identify the documents.
Nur Aida: [Whether the person is the] accused or a witness, we ask questions, and we will record [their statements] in a narrative [form]. The witness or the accused is given the opportunity to explain [their answers] in detail.
Wan Azwan: When it comes to these two documents, it was never at any point in time brought to Najib's attention that these are allegations against him?
Nur Aida: I disagree that we only asked to identify documents.
Wan Azman: Was it explained to him how these two documents fit into the MACC's allegations against him?
Nur Aida: Specifically (in reference to the documents), no.
Wan Azwan was referring to two documents related to the acquisition of Mastika Lagenda Sdn Bhd. Mastika owned 75% of Genting Sanyen Sdn Bhd.
To make the purchase, 1MDB acted through its subsidiaries 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, and 1MDB Energy (Langat) Ltd (all Labuan companies), as well as through Malaysian registered companies, namely 1MDB Energy Sdn Bhd and 1MDB Energy (Langat).
Specifically, the two documents were 1MDB Minutes by Representatives of Holding Company Relating to Proceedings of Subsidiary Company titled “Proposed Acquisition of Mastika Lagenda Sdn Bhd. The Holding Company of Genting Sanyen Power Sdn Bhd (Proposed Acquisition) and Related Fund Raising", and the Special Rights Redeemable Preference Shareholders Resolution relating to the same deal.
Previously, Nur Aida had testified that based on the two documents, Najib had given his approval for the proposal. The IO had also testified that 1MDB was managed in a "top-down approach" for important and large projects, which would only be carried out by the management after getting Najib's blessing.
"1MDB's BOD (board of directors) only followed the wishes of 1MDB's shareholder representative, namely Minister of Finance Inc through Najib," she had testified previously.
The defence has indicated that they want to comb through all of the charges levelled against Najib on the grounds that it is "all wrong" and "duplicitous". They contend that the various offences were grouped together in single charges, when they should have been split as separate offences.
Hence, they are now going through every limb of the charges and bringing up all documents and testimonies related to them. Earlier this week, the defence had indicated that they would wrap up their cross-examination of Nur Aida by Friday. However, they were only in the midst of the second abuse of power charge Najib faces.
They are expected to continue their cross-examination of Nur Aida on Saturday, when proceedings begin at 8.30am.
In this trial, Najib faces four counts of abuse of power for using his position as the then prime minister, finance minister, and chairman of 1MDB’s board of advisers to receive gratifications worth US$620 million (RM2.27 billion). He also faces 21 money-laundering charges.