KUALA LUMPUR: The joint trial of Datuk Seri Najib Abdul Razak and Arul Kanda Kandasamy took a surprising turn today when the prosecution announced that it was seeking to make Arul Kanda its witness.
In his opening statement, senior deputy public prosecutor Gopal Sri Ram said the prosecution would apply in writing for Arul Kanda, who is the former CEO of 1Malaysia Development Bhd (1MDB), to testify against Najib.
Caught by surprise, Arul Kanda’s lawyer Datuk N. Sivananthan said he would address the matter “when the time comes”, while Najib’s counsel Tan Sri Muhammad Shafee Abdullah said he would raise the constitutionality of the issue.
Former prime minister Najib and Arul Kanda are on trial for allegedly tampering with the 1MDB final audit report.
Najib is alleged to have committed the offence between Feb 22 and Feb 26, 2016 and Arul Kanda is charged with abetting him in making amendments to the report to protect him from disciplinary, criminal or civil action.
Sri Ram told the court that the application (for Arul Kanda to turn state witness) would be made under Section 63 of the Malaysian Anti-Corruption Commission Act 2009.
Section 63 of the Act states that when two or more persons face the same charge, the court can, upon an application by the public prosecutor, require one or more of them to give evidence for the prosecution.
At the proceedings this morning, Sri Ram said in his opening statement that the prosecution will prove that Najib did what he did to avoid civil or criminal liability against him as a shadow director of 1MDB as well as to obtain gratification, Bernama reported.
“He did so with corrupt intent,” Sri Ram told the court on the first day of the joint trial.
Earlier, judge Mohamed Zaini Mazlan rejected an application by Najib to postpone the trial. The motion to seek the postponement was filed last Wednesday.
