KUALA LUMPUR: Datuk Seri Najib Tun Razak's defence counsel told the High Court here today that testimonies from witnesses relying on hearsay should be disregarded as their validity cannot be verified.
Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said the hearsay specifically refers to statements concerning the former premier's principal private secretary, the late Datuk Azlin Alias and fugitive businessman Low Taek Jho, whom the prosecution contends was Najib's alter ego in the 1Malaysia Development Berhad (1MDB) scandal.
Muhammad Shafee was referring to the testimony by Najib's former special officer, Datuk Amhari Efendi Nazarudin who alleged Azlin and Jho Low were acting on behalf of the former prime minister.
"The truthfulness of their statements could not be verified as one is deceased and the other's location remains unknown.
"Numerous statements allegedly made by Datuk Azlin echoed by witnesses to assert that Datuk Seri Najib was the decision-maker for the related transactions," said the lawyer when presenting his submission at the end of the prosecution's case today before Justice Datuk Collin Lawrence Sequerah.
Muhammad Shafee further argued that any statement attributed to Azlin and repeated by the witnesses cannot be verified for accuracy, making them hearsay and therefore, inadmissible.
"Any statements testified by the witnesses to be purportedly made by Datuk Azlin should be deemed inadmissible and expunged from the trial record," said Muhammad Shafee.
Najib, 71, faces four charges of abusing his position to obtain RM2.3 billion from 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014.
He also faces 21 charges of money laundering involving the same amount at the same bank between March 22, 2013 and Aug 30, 2013.
Najib is charged under Section 23(1) of the MACC Act 2009 and Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act.
The submission continues on Sept 30. – BERNAMA