Day 9 Arul Kanda Promised Full Information But Only Provided 60 Pct Court Hears

---

The criminal trial of ex-premier Najib Abdul Razak and former 1MDB CEO Arul Kanda Kandasamy involving the alleged tampering with 1MDB's final audit report enters its eighth day today at the Kuala Lumpur High Court
Malaysiakini brings you live reports of the proceedings
Summary of Najib and Arul's caseNajib is facing a charge of tampering with 1Malaysia Development Bhd's (1MDB) final audit report. He is being tried together with 1MDB former chief executive officer (CEO) Arul Kanda Kandasamy who is accused of abettment
Najib is facing one corruption chargeArul is accused of abetting Najib in the officeClick to view information on judge, prosecution and defence teamsKEY HIGHLIGHTSJudge to call case management session to discuss further dates for trialArul Kanda promised full information but only provided 60 pct, court hearsRetired auditor agrees ex-1MDB CEO Shahrol obstructed auditFormer Audit Dept officer agrees that Feb 2016 audit report was not finalAli didn't ask directly to drop certain issues from 1MDB report: witnessWitness interprets Ali Hamsa's suggestion as an orderCourt orders PAC to provide ex-auditor general's testimony notesThank you for following Malaysiakini's live report5.20pm - Thank you for following our live report today
Judge to call case management session to discuss further dates for trial4.20pm - Justice Mohamed Zaini Mazlan informs lawyers from both sides that he will be calling for a case management session, to be determined later, for them to discuss future dates for the trial
He also informs the court that trial dates that had been set for March and April might not be applicable anymore, and he would have to discuss with a fellow Kuala Lumpur High Court judge, Collin Lawrence Sequerah
Zaini then adjourns today's hearing
Arul Kanda promised full information but only provided 60 pct, court hears4.10pm - Then 1MDB CEO K Arul Kanda (below) kept promising to provide all information to the National Audit Department for auditing, but kept the department waiting for months, the High Court hears
Retired NAD officer Sadaatul Nafisah Bashir Ahmad says this during cross-examination by Najib Abdul Razak's lead counsel Muhammad Shafee Abdullah
"He (Arul Kanda) said no problem. But the information never came to us (NAD)
"I met him many times, but the information never came. I didn’t know to what extent is the cooperation
"When we (NAD) met him (in 2015), he (Arul Kanda) promised us, he was CEO then, we waited for the information but it did not come," Saadatul Nafisah says
"He should have informed us rather than make us wait for months," she says
When Shafee asks if NAD finally received any information, Saadatul Nafisah clarifies that Arul Kanda, in the end, provided 60 percent of the information sought for 1MDB audit by NAD
"We did not get 100 percent, only 60 percent. It took a long time," Saadatul Nafisah says
Retired auditor agrees ex-1MDB CEO Shahrol obstructed audit4.07pm - Retired National Audit Department (NAD) officer Saadatul Nafisah Bashir Ahmad agrees with Najib Abdul Razak's defence team that former 1MDB CEO Shahrol Azral Ibrahim Halmi obstructed attempts to audit the sovereign wealth fund
The seventh prosecution witness agrees with lawyer Muhammad Shafee Abdullah's contention during cross-examination
Shafee asks if Shahrol was constantly obstructive of NAD's attempt to audit 1MDB prior to K Arul Kanda coming into the company in 2015
Shafee: I can show correspondence on how obstructive this man (Shahrol) was
Saadatul: Yes
Shafee: He obstructed investigation by the Audit Department
Saadatul: At that time (when Shahrol was CEO up to 2013), yes
Shafee: Shahrol objected so that 1MDB and NAD became acrimonious (during his tenure)
Saadatul: Yes
Shahrol was 1MDB CEO from 2009 to 2013
Former Audit Dept officer agrees that Feb 2016 report was not final4pm - Saadatul Nafisah, a former National Audit Department officer who led a special team that audited 1MDB in 2015, agrees that the audit report prepared in Feb 2016 was not final and can still be amended
She says this under cross-examination by defence lawyer Muhammad Shafee Abdullah (above), who represents former prime minister Najib Abdul Razak
Shafee: Are you aware of the so-called final report, your own Ambrin (Buang) testified to Public Accounts Committee in 2018 that it was, in fact, a draft final report. It was not a finalised report. It was a draft final report. Are you aware or not
Saadatul: Yes
Shafee: So, he said it was a draft final report
Saadatul: The report was not final, yes
Shafee: (This) means (the report was) not finalised then. So it can be amended. If it is not final, it can be amended
Saadatul: It can be amended, yes
Shafee: Provided that you are happy to amend it, Tan Sri (Ambrin) is happy to amend it. That is what the person being audited and the auditor would do. You don't compromise your position, but you can adjust as long as the integrity is not affected
Saadatul: Yes
Ali didn't ask directly to drop certain issues from 1MDB report: witness3.17pm - Retired National Audit Department (NAD) officer Saadatul Nafisah Bashir Ahmad testifies that then chief secretary to the government Ali Hamsa did not directly asked for certain issues be dropped from the 1MDB final audit report
Seventh witness Saadatul Nafisah says this during cross-examination by Najib Abdul Razak's lawyer Muhammad Shafee Abdullah
Shafee is asking about a portion in the audio transcript of the key meeting on Feb 24, 2016, where a decision was allegedly made to drop several controversial issues from the 1MDB final audit report
"It was said in a good way. He (Ali) would not directly say to drop it," Saadatul Nafisah says
Ali was among the attendees at the meeting
Witness interprets Ali Hamsa's suggestion as an order3.10pm - A former National Audit Department (NAD) officer claims that a request by the then chief secretary to the government Ali Hamsa in 2016 for the Auditor-General to consider dropping a part of NAD's audit report on 1MDB was coercion for the department to do so
Saadatul Nafisah (photo), who was the leader of a special team that performed audit on 1MDB then, says this under cross-examination by Najib Abdul Razak's lawyer Muhammad Shafee Abdullah
Shafee had asked her to tell the court how Ali had forced a decision on NAD to amend its audit report on 1MDB during a meeting on Feb 24, 2016
Saadatul then says that the evidence can be found at item 325 of the transcript of the meeting, which was based on a secret audio recording made by another NAD officer
According to the proceeding, Ali had allegedly said to then auditor-general Ambrin Buang : "Boleh la ni. AG boleh guna budi bicara untuk drop (this can be done, the auditor-general can use his discretion to drop this).”This then prompts Shafee to ask Saadatul how could this be considered a coercion when Ali seemed to be inviting Ambrin to consider
"This is coercion. (Because) if we do not drop (the matter), this issue will be raised again," Saadatul says
However, Saadatul also agrees that neither she nor Ambrin had objected to Ali then
Court orders PAC to provide ex-auditor general's testimony notes2.22pm - The High Court issues an order for the Public Accounts Committee (PAC) to provide a copy of its notes of proceedings of former auditor-general Ambrin Buang's (below) testimony for the parliamentary body
Justice Mohamed Zaini Mazlan allows the application by Najib Abdul Razak's lead defence counsel Muhammad Shafee Abdullah
Neither lead DPP Gopal Sri Ram nor K Arul Kanda's lead counsel N Sivananthan raises any objection to the application
Shafee seeks the notes of PAC proceedings involving Ambrin's testimony on Dec 4, 2018
Shafee seeks the notes to assist Najib's defence team in cross-examination of prosecution witnesses
Ambrin had previously testified for the prosecution in the audit tampering trial of Najib and Arul Kanda
2.15pm - Najib Abdul Razak and K Arul Kanda enter the dock as proceedings begin
Also seen in court are their respective lead defence counsel, Muhammad Shafee Abdullah and N Sivananthan
2pm - Former prime minister Najib Abdul Razak enters the High Court and takes a seat at the front row of the public gallery
1.55pm - Former 1MDB CEO K Arul Kanda enters the High Court and is seen conferring with his defence team before proceedings begin
Also seen in court is lead DPP Gopal Sri Ram and other DPPs
Following proceedings being vacated yesterday, the ninth day of Najib Abdul Razak and K Arul Kanda’s 1MDB audit tampering trial will resume around 2pm this afternoon
Yesterday’s afternoon session was vacated following DPP Gopal Sri Ram still tied up with other court matters at the Palace of Justice
When proceedings before Kuala Lumpur High Court judge Mohamed Zaini Mazlan gets underway this afternoon, former premier Najib’s defence team is expected to cross-examine the prosecution witnesses that have testified during the course of the trial
Among these witnesses were former auditor-general Ambrin Buang, former chief secretary to the government Ali Hamsa, retired National Audit Department officer Saadatul Nafisah Bashir Ahmad, and Nor Salwani Muhammad, who was the coordinator for the special National Audit Department (NAD) team for 1MDB matters
Former 1MDB CEO Arul Kanda’s defence team had earlier opted not to cross-examine any more prosecution witnesses in order to avoid compromising his position as a witness against co-accused Najib in the hearing.  - Mkini

---