KUALA LUMPUR – Deputy Public Prosecutor Datuk Seri Gopal Sri Ram made a shocking revelation during his opening statement on the trial of tampering 1Malaysia Development Berhad (1MDB) final audit report.
The former Federal Court Judge said that among those who could be called to testify in the trial include the former Chief Executive Officer of 1MDB, Arul Kanda Kandasamy, who is also the accused of the case
According to Gopal Sri Ram, the prosecution will make a written application under Section 63 of the Malaysian Anti-Corruption Commission (MACC) Act to call upon Arul Kanda to testify.
Arul Kanda is charged for abetting former Prime Minister Datuk Seri Najib Razak in tampering the 1MDB final audit report and is jointly trialled in the proceeding.
Najib on the other hand, is charged for tampering with the Auditor-General’s report on 1MDB in 2016. Meanwhile, Arul Kanda is charged for abetting Najib in the act.
Arul Kanda’s lawyer, Datuk N Sivananthan and the defence counsel of Najib, Tan Sri Muhammad Shafee Abdullah expressed their shock and objected to the action.
According to Shafee, it is against the unconstitutional.
“Actually, I cannot say anything about this now as the usage of Section 63 is unconstitutional,” Shafee explained.
Meanwhile, Sivanathan also stated the similar point and revealed that the provision has never been used.
Under Section 63 of the MACC Act, states that where, in the court’s opinion, the person giving evidence makes a true and full discovery of the things that he or she is lawfully examined on, that person is entitled to receive a certificate of indemnity that will act as a bar to all legal proceedings against him or her in respect of the things that he or she has been examined on.
Besides Arul Kanda, former Secretary to the Government Tan Sri Ali Hamsa, former Auditor-General Tan Sri Ambrin Buang, former Chief Commissioner of MACC Tan Sri Dzulkifli Ahmad and Auditor-General Tan Sri Dr Madinah Mohamad will also be called to testify.
The prosecution has also lined up at least 30 witnesses including the former Chairman of Public Accounts Committee (PAC) Datuk Hasan Arifin, former Member of Parliament (MP) of Pulai Datuk Nur Jazlan Mohamed, Secretary of Dewan Rakyat Datuk Roosme Hamzah, former Chief Private Secretary of Najib Tan Sri Syukry Salleh and the Chairman of The Edge Tong Kooi Ong to testify.
The trial begins today. -MalaysiaGazette