
Kelvin Tan, who was the 1MDB investment director, said Low, better known as Jho Low, was present at the meeting on Sept 26, 2009.
He said the others who present were former company chairman Mohd Bakke Salleh, directors Ismee Ismail, Azlan Mohd Zainol and Che Lodin Wok Kamaruddin, chief executive Shahrol Azral Ibrahim Halmi and company executive Tang Keng Chee.
“I took the minutes of the meeting that day on behalf of the company secretary (Lim Poh Seng). Jho Low’s name was recorded under the ‘by invitation’ list,” he said.
However, Tan said he was not aware of the existence of another copy of the Sept 26, 2009 minutes that omitted Low’s name.
“I have no knowledge how the minutes were amended to omit Low Taek Jho’s name.
“Only this copy was shown to me by MACC (Malaysian Anti-Corruption Commission) officer Muhammad Hafidz Othman when they recorded my statement,” he said.
Tan also told the court that Low did not hold any official position in 1MDB to allow him to sit in at the board’s meeting.
“During the meeting, Tan Sri Lodin questioned Low on his role and he (Low) responded by saying he would have a role in the company’s board of advisers.
“We took note of this and no one else asked about it,” he said.
Najib is standing trial for alleged abuse of power as prime minister and finance minister to obtain immunity from legal action and causing amendments to the finalised 1MDB audit report before it was tabled to the Public Accounts Committee (PAC).
Former 1MDB chief executive Arul Kanda is accused of abetting him.
The court previously heard testimony from former auditor general Ambrin Buang, who said he was told to remove Low’s name in the National Audit Department’s (NAD) audit report on 1MDB on grounds that it was a “sensitive issue” and to prevent the opposition from spinning the fact.
He said the other items removed from the audit report were two conflicting financial statements for 2014, a section on the issuance of Islamic medium-term notes, and another on the Islamic bonds’ secondary subscriber.
During cross-examination by Najib’s lawyer, Muhammad Shafee Abdullah, on whether the directors and management staff were taken by surprise by Low’s presence, Tan replied in the affirmative.
“I did not read the expression on the other attendees as they were putting on ‘poker faces’. It was a formal meeting,” he said.
Asked whether he recalled Low saying anything, Tan said he remembered seeing Low passing his mobile phone to Bakke, adding that the person on the line was Najib.
“Bakke was taken by surprise that the PM was on the other end,” he said.
“I could not recall what was the matter that triggered Low to pass his phone for Tan Sri (Bakke) to talk to the PM.”
Tan also said he was named as one of the defendants in a lawsuit filed by 1MDB against former employees and directors.
“They (1MDB) alleged that I had committed fraud in the company’s RM1 billion loss. I think most likely they made a mistake,” he said, adding that the suit had no merit.
The hearing before High Court judge Mohamed Zaini Mazlan continues.