Najib 1mdb Trial Day 12 Defence Invites The Prosecution To Produce Jho Low In Court




The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and laundering of 1MDB funds enters its 12th day at the High Court in Kuala Lumpur
Malaysiakini brings you live reports of the proceedings
Summary of Najib’s 1MDB ‘donation’ caseNajib is facing 25 charges of receiving RM2.28 billion, which originated from 1MDB through Tanore Finance Corp, a company owned by Eric Tan, a close associate of fugitive businessperson Jho Low
21 money laundering charges4 abuse of power chargesClick to view information on judge, prosecution and defence teamHIGHLIGHTSDefence invites the prosecution to produce Jho Low in courtShafee: Superior courts also made mistake, convicted man on hearsayJho Low not in court to confirm witness' assertion: Najib's defenceNajib's defence begins submission on objection against alleged hearsay Defence invites the prosecution to produce Jho Low in court11.05am-In wrapping up his argument objecting the aducement of hearsay evidence in Shahrol Azral Ibrahim Halmi's testimony, defence counsel Muhammad Shafee Abdullah says allowing such evidence can lead to injustice and unfair trial
He then invites the prosecution to produce in court the 1MDB-linked businessperson Low Taek Jho, whom Shahrol had been citing many times in his testimony
"Yang Arif, I dont think its out of place for me to say, the IGP has said that we (Malaysia) have identified Jho Low, where he is
"The PM said, the DPM said it. And if the IGP said it, they must have determined where he is
"I would like to invite Jho low be produced, so we can determine the truth."Shafee: Superior courts also made mistake, convicted man on hearsay10.45am- The court hears from lead defence counsel Muhammad Shafee Abdullah that relying on hearsay evidence had seen even superior courts wrongly convicted a suspect
Citing the 2009 case of Chan King Yu versus public prosecutor, Shafee says that the man who had earlier been convicted by a Magistrate and later by the Court of Appeal for a drug offence, was finally acquitted by the Federal Court.
It was cited that the prejudicial element was a police officer citing in court about a piece of information that he received on the accused, which the Federal Court ruled as hearsay
Shafee says the Federal Court decided that the court cannot allow a police officer to cite such information in court
"(Even) two superior courts, and Court of Appeal, convicted this man
"This is to demonstrate to Yang Arif that even superior court makes mistake," Shafee submits
Jho Low not in court to confirm witness' assertion: Najib's defence10.18am- Najib Abdul Razak's defence submits that Jho Low is not in court to prove what former 1MDB CEO Shahrol Azral Ibrahim Halmi claimed the wanted businessperson said
Lead defence counsel Muhammad Shafee Abdullah tells the court in his submission that the alleged hearsay portion of Shahrol's Witness Statement should not be allowed
The contentious portion is in relation to what Jho Low (photo) allegedly told Shahrol, such as closeness with then prime minister Najib
"(Testimony on) what the accused (Najib) told him (Shahrol), that is allowed as he (Najib is here in court) and the principles of natural justice kicks in
"But when it comes to Jho Low, natural justice principle is not here as I cannot question Jho Low (on what Shahrol claimed the fugitive financier said to the witness)," Shafee tells the court
Under law, natural justice refers to the right to fair hearing and rule against bias
Najib's defence begins submission on objection against alleged hearsay10.05am- Najib Abdul Razak's defence team begins submitting on their objection against the alleged hearsay element in former 1MDB CEO Shahrol Azral Ibrahim Halmi's Witness Statement. The alleged hearsay portions of the Witness Statement deal with that involving wanted businessperson Jho Low, such as on his alleged closeness with then prime minister Najib in 2009
10am- Proceedings begin and Najib Abdul Razak enters the dock
Also seen in court are lead DPP Gopal Sri Ram and other DPPs as well as lead defence counsel Muhammad Shafee Abdullah and other members of the defence team
9.30am- Accused Najib Abdul Razak enters the court and takes a seat at the front row of the public gallery to await proceedings to begin
Former 1MDB CEO Shahrol Azral Ibrahim Halmi delivered a series of explosive testimonies during Najib Abdul Razak's RM2.28 billion 1MDB trial yesterday
Having only testified around 10 percent of his 270-page witness statement, the ninth witness told the Kuala Lumpur High Court that fugitive businessperson Jho Low was allegedly so close to then-premier Najib that the wanted businessperson would take it upon himself to order iced Milo from house staff while at the accused's official residence in April 2009
Among other sensational testimony the key witness gave was that the fugitive financier purportedly advised both the federal and Terengganu governments on the formation of 1MDB's predecessor Terengganu Investment Authority (TIA) in February 2009
As the proceedings before judge Collin Lawrence Sequerah enters the 12th day this morning, the court may however first opt to hear submissions on objections by Najib's defence team over portions of Shahrol's witness statement
Yesterday, lead defence counsel Muhammad Shafee Abdullah sought to expunge Shahrol's witness statement that touched on Jho Low being allegedly close to Najib, claiming that it amounted to hearsay
Lead DPP Gopal Sri Ram has indicated the prosecution would prepare counter-submissions today that Shahrol's testimony is still admissible in the proceedings. - Mkini

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