KUALA LUMPUR: The prosecution has relied on hearsay evidence linked to a deceased individual in building its case against Datuk Seri Najib Razak in the RM2.28bil 1Malaysia Development Bhd (1MDB) corruption trial, the High Court has been informed.
Lead defence counsel Tan Sri Muhammad Shafee Abdullah argued that the prosecution made a substantial dependence on a multitude of hearsay statements from witnesses who did not experience the events firsthand.
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 other witnesses to assert that Najib was the decision-maker in 1MDB transactions.
During the trial, the court had heard testimony from Najib’s former special officer Datuk Amhari Efendi Nazarudin, who claimed to have heard from Azlin.
“A dead man tells no tales. (Testimonies 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 yesterday.
The defence contended that without Azlin’s testimony or the opportunity for cross-examination, it remained unclear whether Najib actually gave such instructions or if these were merely fabrications by Azlin, who might have been colluding with fugitive businessman Low Taek Jho, better known as Jho Low.
Additionally, the defence argued that any statements attributed to Azlin and repeated by witnesses could not be verified, rendering them hearsay and inadmissible.
“In light of the foregoing, any statements testified by the witnesses to be purportedly made by Azlin should be deemed inadmissible and expunged from the trial record,” the lawyer said.
Najib, 71, faces a total of 25 charges – four for abuse of power that allegedly brought him financial benefit to the tune of RM2.28bil, and 21 for money laundering involving the same amount.
The four counts of power abuse fall under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which provides for imprisonment up to 20 years and a fine up to five times the 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, 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 will resume on Sept 30.
