KUALA LUMPUR (Aug 19): Senior defence lawyer Tan Sri Muhammad Shafee Abdullah on Wednesday implied that the withdrawal of a multibillion-ringgit civil suit against former 1Malaysia Development Bhd (1MDB) chief executive officer Datuk Shahrol Azral Ibrahim Halmi was an incentive for Shahrol to testify against former prime minister Datuk Seri Najib Razak.

Shafee — who was cross-examining Shahrol, a defendant-turned-plaintiff witness in the US$5.64 billion 1MDB civil suit against Najib and others — asked whether he knew that the suit against him had been withdrawn with “no liberty to refile”.

Shafee suggested that the withdrawal, which took place under then-attorney general Tan Sri Tommy Thomas and lead prosecutor the late Datuk Seri Gopal Sri Ram, was part of a “deal” to secure Shahrol’s cooperation.

“I’m putting it to you, because you were so comfortable with the undertaking of the prosecution that you will not be touched as long as you sing like a bird for the prosecution,” Shafee said.

Shahrol, however, flatly denied any such arrangement.

Shahrol also had criminal charges against him dropped in connection with the 1MDB saga. He was a key prosecution witness in Najib’s criminal 1MDB-Tanore trial, in which Najib was found guilty of criminal breach of trust and corruption.

Shahrol has since testified in several 1MDB-related civil and criminal proceedings, including Najib’s SRC International Sdn Bhd criminal trial, for which Najib was convicted and is currently serving prison time.

Testifying on Wednesday as the fourth plaintiff witness in the civil suit, Shahrol told the court that he had no legal counsel monitoring the 1MDB criminal proceedings for him, as he believed he was merely giving evidence for the prosecution and was unaware that he could incriminate himself.

The exchange became more pointed when Shafee questioned why Shahrol had not sought formal immunity under Section 132 of the Evidence Act, which protects witnesses from prosecution based on answers they are compelled to give in court.

“I am putting it to you that you made a deal,” Shafee said, suggesting the withdrawal of the suit was an incentive for Shahrol to provide evidence favourable to the prosecution.

“No, I did not,” Shahrol replied.

Shafee then suggested that Shahrol had not sought such legal protection because he was “comfortable with the undertaking” from the prosecution.

Shahrol maintained that he was unaware he could have incriminated himself and insisted he was merely giving evidence for the prosecution, with no side arrangement.

At a press conference after the proceedings, Shafee said he was “surprised” that Shahrol had never sought immunity from the court.

“I was surprised he never asked for immunity from the court, which he can under Section 132. The reason why he didn’t ask for immunity: He was confident nothing will happen to him. And therefore, the conspiracy of what I suggested exists,” Shafee said.

Shafee also said his team was given no reason by 1MDB for Shahrol’s removal from the suit.

“We didn’t know why, and we were kept out of it. They (the prosecution) just withdrew it without liberty to refile a fresh suit. Can you imagine that?” he said.

The suit was filed by 1MDB and its subsidiaries — 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, 1MDB Energy (Langat) Ltd, and Global Diversified Investment Company Ltd (formerly known as 1MDB Global Investments Ltd) — on May 7, 2021.

It initially named Najib, who was the chairman of 1MDB’s advisory board; former chairman Tan Sri Che Lodin Wok Kamaruddin; former directors Tan Sri Ismee Ismail, Tan Sri Ong Gim Huat, and Ashvin Valiram; Shahrol; former CEO Mohd Hazem Abdul Rahman; and former chief financial officers Azmi Tahir and Radhi Mohamad.

Also named were former 1MDB officers Terence Geh Choh Heng, Jasmine Loo Ai Swan, Casey Tang Keng Chee, Vincent Beng Huat Koh, Kelvin Tan Kay Jin, and Nik Faisal Ariff Kamil.

All except Najib, Tang, Koh, Tan, and Nik Faisal were subsequently removed as defendants.

Tang, Koh, Tan, and Nik Faisal remain at large.

The trial before High Court Judicial Commissioner Mohamad Redzuan Idrus continues on Thursday, with Shahrol expected to remain on the witness stand.