N Sivananthan said a number of headlines “sought to imply” that Arul Kanda was “happily” turning prosecution witness against Najib Razak.
In clarifying the matter, Sivananthan said his client remained a co-accused, even though he might be called as a prosecution witness.
This is because Arul Kanda is compelled to give evidence under the provisions of Section 63 of the Malaysian Anti-Corruption Commission (MACC) Act.
“Secondly, it is my client’s position that when investigations were first commenced by the MACC in this matter, he voluntarily cooperated and provided the investigators with all information within his knowledge,” he said in a statement.
Arul Kanda continued to insist that he should never have been charged, Sivananthan said.
“And in that context, should the learned judge decide that he (Arul Kanda) is to become a prosecution witness, then, in that situation, he is prepared to give evidence consistent with the statements he has previously given to the MACC.”
Earlier today, when asked by High Court judge Zaini Mazlan on Arul Kanda’s position over the prosecution’s application to call him to testify on its’ behalf, Sivananthan said Arul Kanda stood by his 2018 statement to the MACC and was “ready to testify”.
The MACC launched its investigation into the “tampering” of the 1MDB audit report after then auditor-general Madinah Mohamad claimed the report had been “tampered” with Najib’s knowledge.
The prosecution said it wanted to call Arul Kanda to testify on its behalf as he had “information in his possession that is relevant to Najib’s charge on the Feb 24, 2016 meeting and the events that preceded and followed after”.
Najib is standing trial for alleged abuse of power as the then prime minister and finance minister to obtain immunity from legal action and causing amendments to the finalised 1MDB audit report before it was tabled at a Public Accounts Committee (PAC) meeting.
Arul Kanda is accused of abetting Najib.
Zaini said he would deliver his ruling when hearing resumes on June 24 on whether to allow the prosecution’s application.