Witness credibility under scrutiny


KUALA LUMPUR: The prosecution witnesses in the RM2.28bil 1Malaysia Development Bhd (1MDB) trial had given inconsistent and contradictory evidence against Datuk Seri Najib Razak, his defence team argued.

Lawyer Wan Azwan Aiman Wan Fakhruddin, representing Najib, said the inconsistencies and contradictions in the testimony of former 1MDB CEO Mohd Hazem Abdul Rahman made him a non-credible and unreliable witness.

He alleged that Mohd Hazem deliberately concealed 1MDB’s financial losses from audit firm KPMG and played a crucial role in ensuring the firm’s termination.

“Mohd Hazem admitted that efforts were made to prevent KPMG from discovering the true financial state of 1MDB.

“He acknowledged that senior management, including himself, was involved in manipulating financial documents and withholding critical information to cover up significant losses,” Wan Azwan stated during his submission at the conclusion of the prosecution’s case.

He added that Mohd Hazem admitted that the strategic decision to replace KPMG with Deloitte was aimed at bringing in auditors who would be more compliant with management directives and less likely to uncover financial irregularities.

Additionally, the defence argued that the testimony of the 47th prosecution witness, Bank Negara Malaysia analyst Adam Ariff Mohd Roslan, should be deemed inadmissible as he was neither a witness of fact nor an expert.

“Adam Ariff is not a witness of fact as his evidence does not stem from his own sensory perception or first-hand observations during the time the transactions occurred.

“He does not have first-hand knowledge and did not play any role in the investigation of the matter that would justify him being called as a witness,” Wan Azwan said.

“He could not testify about matters such as how the investigation was conducted, for example, or how the documents were obtained.”

Wan Azwan further asserted that Adam Ariff confirmed that money trail analysis could be performed by anyone, indicating that specialised knowledge was unnecessary.

“He also admitted that his analysis relied solely on documents furnished to him by the investigating officer,” Wan Azwan noted.

Najib, 71, is on trial at the High Court for a total of 25 charges –four for abuse of power that allegedly brought him financial benefits to the tune of RM2.28bil, and 21 for money laundering involving the same amount of money.

The hearing before Justice Collin Lawrence Sequerah will resume today.

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