KUALA LUMPUR: The prosecution in Datuk Seri Najib Tun Razak's 1Malaysia Development Berhad (1MDB) trial on Friday told the High Court here that it cannot control the press on how to report on the case.
Deputy Public Prosecutor Ahmad Akram Gharib raised the point after Najib's lead counsel Tan Sri Muhammad Shafee Abdullah made a complaint to Judge Datuk Collin Lawrence Sequerah on the recent articles published by various local media linked to his client.
Muhammad Shafee who referred to articles titled "Najib suspected receiving US$681mil to buy votes during the 13th general election," contended that the articles were prejudicial and unfair reporting as out of the US$681mil, US$620mil was returned.
"There has never been any proof that the money was used to influence the GE13 voters. There is only evidence that the money was given to various Umno divisions and for corporate social responsibility efforts. We will be taking action against some media for contempt," he said.
Muhammad Shafee also complained that the 49th prosecution witness, namely MACC Senior Supt Nur Aida Arifin, 37, had drawn various "conclusions” about the case in her witness statement.
"My Lord, the outcome of the case ought to be determined by the presiding judge, and not by a witness in the proceedings. It is the obligation of the prosecution to remove hearsay content from the witness statement.
"I will be taking objections (against Aida’s witness statement). My client has been prejudiced,” he said adding that the defence objected to the "conclusions" made by Nur Aida in her witness statement.
At this juncture, Ahmad Akram countered that Nur Aida was merely making reference to a report lodged with the commission in 2015 where it was alleged that funds from 1MDB were used to buy votes during GE13.
"Thus, the media reports were based on what was said in the open court by Nur Aida. The witness was merely quoting an official report in verbatim which she later investigated, thus, we (prosecution) cannot control what and how the media reports.
"What is important is that what she said in court will eventually become evidence. She was just referring to a report and read it out loud in the open court," said the prosecutor added that MACC is duty-bound by the law not to disclose the identity of the real complainant.
Justice Sequerah took note of all the objections raised by the lawyer and subsequently asked the witness to continue reading the statement from where she left off.
Najib, 70, is facing four charges of using his position to obtain bribes totalling RM2.3bil from 1MDB funds and 21 charges of money laundering involving the same amount.
Hearing continues on Monday.
In the meantime, Nur Aida said the appointment of Edward L. Morse as PSI’s asset appraiser was questionable because the PSI Asset Appraisal report was prepared in just eight days, despite the fact that the assets to be assessed were very large, namely between US$2.7bil and US$4.5bil.
"In fact, Datuk Seri Najib has directed Datuk Shahrol Azral Ibrahim Halmi (former 1MDB chief executive officer) not to assess PSI’s assets on the grounds of wanting to protect the good bilateral ties between Malaysia and Saudi Arabia in terms of politics and reputation.
"Datuk Seri Najib had used Jho Low and Datuk Shahrol Azral to pressure the 1MDB board of directors through its former chairman Tan Sri Mohd Bakke Salleh to follow instructions and recommendations in several actions and decisions related to the joint venture with PSI,” she said.
The witness added that the reason that was always given by Najib was to preserve the G2G relationship between the Malaysian and Saudi governments, which resulted in many decisions and approvals that were not in favour of 1MDB and the government.
The court was previously told that the 1MDB-PSI cooperation resulted in 1MDB injecting funds totaling US$1bil as initial capital paid in cash; however, US$700mil of that sum was routed into Good Star Ltd, a company owned by Jho Low.
At the previous 1MDB trial, Shahrol Azral, who was also the ninth prosecution witness, said the joint-venture project between 1MDB and PSI came about and was discussed during Najib’s vacation in Southern France on board a yacht with Prince Turki in August 2009.
In May 2022, former special officer to Najib, Datuk Wan Ahmad Shihab Wan Ismail (the 16th prosecution witness), told the court that on the second or third day of sailing, the former prime minister informed him that a Saudi Prince in another yacht nearby was inviting Najib and his family for an evening drink on board his boat.
He said on arrival at the yacht, Najib was greeted by Prince Turki and a man who identified himself as Tarek Obaid.
Najib, 70, is facing four charges of using his position to obtain bribes amounting to RM2.3bil from 1MDB funds and 21 charges of money laundering involving the same amount.
The trial before Justice Datuk Collin Lawrence Sequerah continues on Jan 8. - Bernama
