KUALA LUMPUR, Nov 7 — The prosecution today asked the High Court to defer the start of former prime minister Datuk Seri Najib Razak and former 1MDB CEO Arul Kanda Kandasamy’s joint trial due to a scheduling conflict with another case.

Najib and Arul Kanda will be tried over the alleged tampering of the auditor-general’s final report on 1Malaysia Development Berhad (1MDB).

Lead prosecutor Datuk Seri Gopal Sri Ram asked High Court judge Mohamed Zaini Mazlan to defer and reschedule the start as one of the three key witnesses — former 1MDB CEO Datuk Shahrol Azral Ibrahim Halmi — is still testifying in a separate and ongoing trial on 1MDB funds.

"One of the principal witnesses we have to call first is a witness who is now under cross-examination, and it is unlikely that this cross-examination, according to the indication given yesterday, would be completed before November 14,” Sri Ram said.

Sri Ram added that it would "prejudice” the prosecution in both these trials if Shahrol were to start testifying here before finishing his testimony in the 1MDB trial.

"In fact, he would be the lynchpin in the unfolding of the prosecution’s case leading up to the criminality described in the charges,” Sri Ram said of the key role that Shahrol will be playing in Najib’s and Arul Kanda’s joint trial.

Sri Ram also said many witnesses in Najib and Arul Kanda’s joint trial are also scheduled to give evidence in the 1MDB trial.

Najib’s defence lawyer, Tan Sri Muhammad Shafee Abdullah, who is cross-examining Shahrol, confirmed that there was no way this would be completed by November 14.

Shahrol, who is the ninth prosecution witness against Najib in the 1MDB trial, has been testifying for 20 days so far.

Shafee told the judge he was "neutral” on the request so long as he is not made to appear in both cases simultaneously.

Arul Kanda was represented today by lawyer Jasmine Cheong.

Zaini previously set the trial dates to start from November 18 and to go on to November 29, before continuing on from January 13 to 17, 2020.

After hearing the request for rescheduling of Najib’s and Arul Kanda’s joint trial, Zaini said he would decide on November 13.

Datuk Seri Najib Razak is pictured at the Kuala Lumpur Court Complex November 7, 2019. — Picture by Hari Anggara

Najib’s five cases

Najib has five criminal cases, including the alleged tampering of the final 1MDB audit report.

Najib is currently facing a corruption trial in connection to over RM2 billion of 1MDB funds.

Najib will also next Monday know if he has to enter his defence and continue to face trial over RM42 million of former 1MDB subsidiary SRC International Sdn Bhd. If he has to enter defence, the dates of December 3 to December 19 have already been scheduled as dates for the continuation of trial.

Sri Ram had noted that the 1MDB trial which has dates fixed until November 14 would have to continue on in January 2020, as December would be taken up by the SRC trial if Najib has to enter his defence.

Sri Ram also told Zaini that the 1MDB trial would likely go on until April 2020.

The remaining two of Najib’s five cases have yet to go on trial.

Najib’s cases cannot go on trial at the same time as he has to be physically present to ensure fair trial.

Former 1MDB chief executive officer Arul Kanda Kandasamy arrives at the Kuala Lumpur Court Complex November 7, 2019. — Picture by Hari Anggara

Charges in Najib, Arul Kanda trial

On December 12, 2018, Najib was charged with abuse of power over the alleged removal of certain portions of the final 1MDB audit report between February 22 and 26, 2016 at the Prime Minister’s Office Complex, Putrajaya.

Najib was accused of using his position as prime minister to obtain gratification in the form of disciplinary, civil and criminal immunity related to 1MDB by ordering the amendments to the company’s audit report before the finalised copy was presented to the Public Accounts Committee.

The offence under Section 23(1) of the MACC Act 2009 is punishable with a penalty of maximum 20-year jail term, and a fine of at least five times the amount of gratification or RM10,000 or whichever is higher.

Arul Kanda was also charged on December 12, 2018 with abetting Najib in the alleged tampering of the report.

The offence under Section 28(1)(c) of the MACC Act 2009 that Arul Kanda is facing carries the same penalty as the offence Najib is facing.