KUALA LUMPUR: As Datuk Seri Najib Razak cried foul over the prosecution's plan to call Arul Kanda Kandasamy as its witness in the 1Malaysia Development Berhad (1MDB) audit tampering trial, the wealth fund's former chief executive indicated that he was ready to testify.
Arul Kanda, who has been sitting in the dock with the former prime minister since the trial started, indicated this through his lawyer Datuk N Sivananthan.
This happened after High Court Judge Mohamad Zaini Mazlan heard arguments from Najib's lead counsel Tan Sri Muhammad Shafee Abdullah on why the prosecution's application to call Arul Kanda as their witness should be rejected, and Deputy Public Prosecutor Datuk Seri Gopal Sri Ram's contention why it should be allowed.
After hearing both sides fighting their case for almost three hours, Zaini turned to Sivananthan and asked him where his client stood.
"Is your client objecting or acceding (to become a prosecution witness)," Zaini asked.
Sivananthan then said Arul Kanda was standing by the statement he had given the Malaysian Anti Corruption Commission (MACC) officers when the investigation into the 1MDB audit report was initiated in 2018.
"My client's position is that he has given his statement to the MACC and he stands by whatever he told them.
"He is prepared to stand by that statement even now," he said.
After hearing Sivananthan's convoluted reply, Zaini remarked: "in simple English, it means yes", drawing laughter from all sides.
Zaini then fixed June 24 to decide whether the prosecution's application to call Arul Kanda as its witness should be allowed.
Another DPP, Ahmad Akram Gharib then said Arul Kanda would be called to the stand immediately after the decision if the prosecution's application is allowed.
Otherwise, he said an investigating officer, who is the last witness, would be called to testify before the prosecution wraps up its case.
Shafee, in his written submission to oppose the application at this stage of the trial, said the prosecution was acting in bad faith and resorting to abuse of process.
He said the prosecution had indicated from the outset of the trial that they intended to call Arul Kanda as a witness but waited until the last minute to do so.
He said the prosecution had always known that Arul Kanda's evidence was necessary to support their case against Najib.
"With that in mind, the application to have him as their witness should have been made at the commencement of the trial.
"This would not have allowed Arul Kanda to hear the evidence of other witnesses and then fashion his evidence in such a way that would absolve him from any liability to the detriment of the second accused (Najib)," he said.
It was previously reported that the prosecution had applied to call Arul Kanda as its witness under Section 63 of the Malaysian Anti Corruption Commission (MACC) Act 2009.
Lead prosecutor Datuk Seri Gopal Sri Ram, in written submissions to the court, said Arul Kanda was charged with abetting Najib to commit the crime under Section 23 of the MACC Act.
He said Arul Kanda was privy to the relevant conversations he may have had with Najib concerning the charges against the former Umno president.
"As an abettor, he is a relevant witness because he is in a position to testify as to the co-accused's conduct," he said, adding the words spoken by Najib to Arul Kanda would be highly relevant to establish corrupt intention.
Sri Ram said the prosecution's intention to call Arul Kanda at this stage of the trial was not a relevant consideration for the court, as this had been previously decided in settled cases.