KUALA LUMPUR: Datuk Seri Najib Tun Razak's former special officer Datuk Amhari Efendi Nazaruddin was a corrupt public official who colluded with fugitive businessman Low Taek Jho and implicated his own former boss in the 1Malaysia Development Bhd (1MDB) case, the High Court told.
Najib's lead counsel Tan Sri Muhammad Shafee Abdullah made this assertion in his submission at the end of the prosecution’s case in the 1MDB trial here on Wednesday (Aug 21).
He said Amhari had every reason to extricate himself from his complicity with Low, or better known as Jho Low, and to incriminate Najib as Amhari had taken a US$200,000 'loan' from Low.
"His (Amhari) credibility could be salvaged if his wrongdoings are attributable to his superior’s instructions or approval instead of his personal corrupt motive.
"Amhari came as a witness with a programme in his head, almost like a chip entered his head. He had to say all that as he had been taking bribes from Jho Low," Muhammad Shafee submitted.
The court had previously heard Amhari's testimony in 2019 where the witness admitted to accepting RM1.85mil from Low to buy a property in Kota Damansara, Selangor, with no signed agreements.
The lawyer also submitted that Najib was never involved in the setting up of the Terengganu Investment Authority Berhad (TIA), the entity that later became 1MDB.
“If indeed Amhari had attended the (TIA) meeting in his official capacity as Najib’s special officer, no record or minute was produced to substantiate it having taken place. The other attendees of the meeting were not called to testify to corroborate Amhari’s attendance,” he said.
Najib, 71, is on trial for 25 charges in total - four for abuse of power that allegedly brought him the financial benefit to the tune of RM2.28bil; and 21 for money laundering involving the same amount of money.
The four counts of power abuse were framed under Section 23(1) of the Malaysian Anti-Corruption Commission Act (MACC) 2009 which provides for imprisonment of up to 20 years and a fine of up to five times the amount or gratification, or RM10,000, whichever is higher, upon conviction.
For the 21 charges of money laundering, Najib is charged under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act (AMLATFA), which carries a maximum fine of RM5mil and imprisonment for up to five years, or both, upon conviction.
The hearing before Justice Collin Lawrence Sequerah continues on Thursday (Aug 22).
