High Court maintains 1MDB audit report tampering trial dates, urges prosecution to file documents quickly

KUALA LUMPUR (Oct 7): The High Court has maintained the dates set for former Prime Minister Datuk Seri Najib Razak and former 1Malaysia Development Bhd (1MDB) president and CEO Arul Kanda Kandasamy's trial relating to the alleged tampering of the troubled fund's audit report.

The prosecution, led by Mohammad Al-Saifi Hashim, had proposed for the trial to be pushed for a later date as the dates previously set (Nov 18 to 29 and Jan 13 to 17, 2020) would clash with some of the dates in the 1MDB trial.

However, High Court Justice Mohamed Zaini Mazlan said the dates do not clash and decided to maintain the dates.

Najib's counsel Tan Sri Muhammad Shafee Abdullah as well as Arul Kanda's lawyer Datuk N Sivananthan also agreed to maintain the dates.

Meanwhile, Justice Mohamed Zaini asked for the prosecution to be quick in filing their witness statements to the court.

"I don't want the witness statements to be submitted a few days before the trial. I will make sure that the prosecution submits them way before the trial — at least two weeks before the trial starts," said the judge.

Mohammad Al-Saifi agreed and said the prosecution will submit the documents two weeks before the trial commences.

However, Shafee suggested that the prosecution submits the documents even earlier.

"We need some of these documents for us to prepare. I would prefer if you don't give us the documents on-the-dot two weeks before the trial. You can also give us the documents on an instalment basis, as long as it can help our preparation," Shafee said.

Justuce Mohamed Zaini then set Oct 16 and Nov 12 — a day after the SRC trial is set for decision — for the next case management for the trial.

The former premier is accused of obtaining a bribe in the form of protection from disciplinary action by ordering the audit report's amendment while it was being prepared.

It was submitted to the Public Accounts Committee on March 4, 2016.

He is accused of committing the offence at the complex of the Prime Minister's Department in Putrajaya between Feb 22 and 26, 2016.

The charge, under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, provides for up to 20 years' jail and a fine of not less than five times the amount of the gratification received, or RM10,000, whichever is higher, upon conviction.

Arul Kanda is charged with abetting Najib in using the latter's position as then prime minister to order the report's amendment, at the same place and time.

The charge, under Section 28(1)(c) of the MACC Act, read together with Section 23(1) and 24(1) of the Act, provides for a similar sentence, if found guilty.

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