Arul Kanda ‘transparent’ in 1MDB audit report trial testimony, court hears

Arul Kanda ‘transparent’ in 1MDB audit report trial testimony, court hears

Defence submits that the prosecution never asked to impeach or treat 1MDB’s former CEO as a hostile witness.

Former 1MDB CEO Arul Kanda Kandasamy is accused of abetting Najib Razak’s alleged abuse of power in February 2016.
KUALA LUMPUR:
The defence in Arul Kanda Kandasamy’s audit report trial told the High Court the former 1MDB CEO had nothing to hide in his testimony.

Lawyer N Sivananthan said Arul Kanda had been transparent and answered all questions posed by the prosecution and lawyers appearing for Najib Razak during the two days he took the witness stand.

“He made full and true disclosure (of all matters). There was nothing to suggest that he was being dishonest.

“There was never a moment when he hesitated to answer a question.

“For the prosecution to say now that Arul was not honest is unfair,” he said during his closing submissions.

Sivananthan said prosecutors ought to have commenced impeachment proceedings or asked to treat Arul Kanda as a hostile witness if they thought he was not telling the truth.

“But that was not done,” he said.

Arul Kanda is accused of abetting Najib’s alleged abuse of power as the then prime minister and finance minister in February 2016.

The prosecution said Najib wrongfully sought immunity from legal action and caused amendments to be made to the finalised 1MDB audit report before it was tabled at a Public Accounts Committee meeting.

The court had previously allowed the prosecution’s bid to call Arul Kanda to testify on its behalf.

He testified that Najib had instructed him to attend a meeting on Feb 24, 2016 to discuss amendments to the audit report.

In his testimony, he also said Najib had expressed concern that the contents of the report could be spun from a political perspective.

Ad hoc prosecutor Gopal Sri Ram said it remained doubtful whether Arul Kanda had made full disclosure during his testimony.

He said it was up to the court to decide if Arul Kanda was entitled to an indemnity and acquittal from the abetment charge brought against him.

“The onus was on him to satisfy the court (that he is entitled to a certificate of indemnity in respect of the abetment charge),” Sri Ram said.

Justice Zaini Mazlan fixed Jan 30 for a decision.

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