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KUALA LUMPUR: The prosecution in the 1Malaysia Development Bhd (1MBD) trial wants former CEO Mohd Hazem Abdul Rahman to have the opportunity to read his witness statement, which has been disputed by the defense as a mere “rumor”.
Hazem, who was the CEO from 2013 to 2015, is the 10th prosecution witness in the trial involving former Prime Minister Datuk Seri Najib Razak, who is accused of misappropriating RM2.28bil from 1MDB funds.
Hazem was supposed to take the stand in High Court here on Monday (September 7), but Najib’s defense team has objected to his witness statement, which has yet to be read in its entirety, as rumors, saying which should be inadmissible in court.
The lead prosecutor, Datuk Seri Gopal Sri Ram, told the court on Tuesday (September 8) that the witness should have the opportunity to read his statement in order to comply with the requirement of Section 32 of the Evidence Act 1950.
Sri Ram argued that whether the evidence was hearsay or not should only be decided by the judge at the end of the prosecution case.
On the defense’s request to remove certain paragraphs from the disputed witness statement, Sri Ram said that the witness’s story would not make sense “if parts and pieces were removed.”
“Witness testimony is incomprehensible if some extracts were removed. The way the evidence flows in this case is part of the transaction,” he added.
In his response, Najib’s lead attorney, Tan Sri Muhammad Shafee Abdullah, urged the court to decide on the matter when the matter arises.
He argued that hearsay testimony cannot be accepted in court, either at the chief examination or at any given time.
“What is inadmissible is still inadmissible,” he said.
Shafee cited a line from the statement in which fugitive businessman Low Taek Jho, better known as Jho Low, informed Hazem that 1MDB was allegedly under Najib’s direct management and that Najib was aware of all company decisions.
“Where is the guarantee of the truth? The defense faces a great and arduous task of cross-examining hearsay evidence,” he said.
Shafee then told the court that he needed more time to respond to the prosecution’s submission on the matter, which was allowed by the court.
The defense is expected to make an additional presentation on the matter this Thursday (September 10) before Judge Collin Lawrence Sequerah.
Najib, 67, faces four counts of abusing his position to obtain a bonus totaling RM2.28 billion in 1MDB funds and 21 counts of money laundering involving the same money.
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