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Fugitive financier Jho Low. Photo: SCMP Pictures

Najib Razak’s defence team wants Jho Low ‘produced as soon as possible’ to determine truth in 1MDB corruption trial

  • Najib faces more than 40 counts of criminal breach of trust, money laundering and abuse of power and Jho Low is accused of masterminding the fraud
  • However, defence counsel Muhammad Shafee argued testimony about the close relationship between Najib and Jho Low should be treated as ‘hearsay’
The defence team of Najib Razak on Tuesday called for fugitive businessman Low Taek Jho, better known as Jho Low, to be produced as soon as possible in the former Malaysian premier’s corruption trial stemming from the 1MDB scandal.

Counsel Tan Sri Muhammad Shafee Abdullah said Jho Low should quickly be brought in so the court could determine the truth in Najib’s case.

“The Inspector-General of police (IGP) has said not more than a month ago that they [the police] got Jho Low and they know exactly where he is,” he said.

“The prime minister and deputy prime minister said they must get Jho Low. I would like to invite that Jho Low be produced as soon as possible so that we could determine the truth.”

Explained: Malaysia’s 1MDB scandal

Muhammad Shafee, who is the lead counsel for Najib, said this in his submissions in hearsay application against the evidence of former 1MDB CEO Shahrol Azral Ibrahim Halmi.

Shahrol Azral on Monday described the close relationship between the former prime minister and Jho Low. In response, Muhammad Shafee said it was all “hearsay” since nobody could prove what the witness said since Jho Low had not appeared. He submitted that hearsay evidence, in general, could not be admissible unless Jho Low is being called to court.

“Natural justice is totally removed because I have no chance of cross-examining Jho Low, ” Muhammad Shafee said.

Shafee added that whatever the witness heard from Jho Low may not be the truth as Amhari Efendi Nazaruddin, who was Najib’s former special officer, had labelled Jho Low as a “master manipulator”.

He asked: “Why must we accept his [Jho Low] words when he manipulated the entire event, TIA, 1MDB and in fact the PM [prime minister]?”

Former Malaysian prime minister Najib Razak. Photo: EPA

Prosecutor Gopal Sri Ram said the prosecution was entitled to show that Najib was not and could not have been misled by Jho Low. He recalled Amhari’s testimony that Najib did not make any adverse response or appear surprised at all when informed of Jho Low’s instructions through a draft of a letter.

“This is conduct accompanying the words spoken by Jho Low,” he said.

Gopal Sri Ram also said the cases relied on by the defence in their submissions were inapplicable in the fact pattern of the current case which he described as unique. He said this was because the accused was not an ordinary person but the prime minister and the most powerful person in the country when the alleged offences were committed.

“For those reasons, we respectfully submit that what Shahrol Azral said, what Amhari said, how they acted upon Jho Low’s statement, how they verified with the accused and the accused’s state of mind and Jho Low’s are all relevant, ” he said, adding it was circumstantial evidence.

Najib, 66, faced four charges of using his position to obtain bribes totalling 2.3 billion Malaysian ringgit (US$550 million) from the 1MDB fund and 21 charges of money laundering involving the same amount.

Read the original article on The Star Digital.

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