KUALA LUMPUR, July 14 — Datuk Seri Najib Razak’s power abuse trial over amendments to remove information from the auditor-general’s audit report on 1Malaysia Development Berhad (1MDB) could not proceed today as scheduled, as the prosecution witness expected to testify today has fallen ill.
This morning, lead prosecutor Datuk Seri Gopal Sri Ram informed the High Court that the 16th and last witness in this trial — investigating officer Haniff Lami — was unable to testify in court.
“I have a difficulty, the next witness is the last witness, Encik Haniff, investigating officer, he’s taken ill, he’s suffering from intestinal bleeding.
“In the last minute, yesterday, I attempted to make arrangements to have this evidence by Zoom but unfortunately, we did not have sufficient time to alert the court to make the arrangements. Otherwise, we would have proceeded with his evidence electronically.
“I apologise for that, because the communications came late to us yesterday, yesterday evening close to 7pm, he was certified by doctor that he is unable to come. His medical certificate is in court, he is excused for two days, his condition is quite bad because he is bleeding from his intestines,” Sri Ram said, but added that the investigating officer is expected to be available to testify on the next scheduled trial date of August 12.
High Court judge Mohamed Zaini Mazlan said “sorry to hear that” when informed about the witness’ medical condition.
The judge also said the next trial date on August 12 could resume with Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah’s continued cross-examination of the 15th prosecution witness Arul Kanda Kandasamy and with the investigation officer to be on standby to testify as the last prosecution witness.
In this trial, Najib is accused of having as then prime minister and then finance minister abused his position between February 22, 2016 and February 26, 2016 to receive self-gratification in the form of protection from civil or criminal action over his role in the handling of 1MDB operations, by instructing for amendments to the auditor-general’s report on 1MDB — which was already finalised and ready to be presented to the parliamentary watchdog Public Accounts Committee (PAC) — before it was finally presented to the PAC.
Former 1MDB CEO Arul Kanda was charged with abetting Najib and their trial was heard together.
But the High Court on June 24 had granted the prosecution’s application to have Arul Kanda be called in as a prosecution witness, and he had testified on that day and was cross-examined by Shafee.
Shafee had previously obtained a temporary release of his passport from July 8 to August 11 from another High Court judge — where he is on trial over a separate matter — for a trip to Italy to settle the transfer of one of his daughters from an international school there to an international school in Malaysia.
This meant that Arul Kanda was not scheduled to testify today, as Shafee — who is to continue cross-examining him — is not available today.
Najib was present in the courtroom today, while Arul Kanda was not present in the courtroom due to a “miscommunication”.
Najib’s lawyer Rahmat Hazlan said Arul Kanda’s lawyer Jasmine Cheong apologised for both her and her client’s absence in court today as there was some miscommunication with the prosecution, while Sri Ram similarly asked the court to excuse Arul Kanda from appearing today.
Sri Ram noted that the High Court still has to make a formal order to excuse Arul Kanda as he is still an accused person until he is issued a certificate of indemnity, and also apologised over Arul Kanda’s absence.
The judge allowed Arul Kanda’s presence to be excused today.
