KUALA LUMPUR: The prosecution has resorted to hearsay evidence, annexed on a deceased person, to build its case against Datuk Seri Najib Razak in the RM2.28bil 1Malaysia Development Bhd (1MDB) graft case, the High Court has been told.
Lead defence counsel Tan Sri Muhammad Shafee Abdullah, in his submissions, said the prosecution made a substantial dependence on a multitude of hearsay statements from witnesses who did not experience the events first-hand.
He said numerous statements allegedly made by Najib's former principal private secretary Datuk Azlin Alias, who died in a helicopter crash in 2015, were echoed by witnesses to assert that Najib was the decision maker for the transactions in 1MDB.
During the trial, the court heard testimony from Najib's former special officer Datuk Amhari Efendi Nazarudin who claimed to have heard from Azlin.
"Dead men tell no tales. (Testimony relating to) Azlin should be excluded," Muhammad Shafee said in his submissions at the end of the prosecution's case in the 1MDB trial here on Thursday (Sept 19).
Without Azlin's presence, the defence contended that it remained unknown whether Najib gave such instructions or whether these were mere fabrication by Azlin, who could have been colluding with fugitive businessman Low Taek Jho, or better known as Jho Low.
The defence also contended that any statements attributed to Azlin and repeated by the witnesses cannot be verified for accuracy, making them hearsay and therefore inadmissible.
"Any statements testified by the witnesses as purportedly made by Azlin should be deemed inadmissible and expunged from the trial record," the lawyer 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 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 Thursday afternoon.
