KUALA LUMPUR: All key witnesses testifying in Datuk Seri Najib Razak's corruption trial for misappropriating funds from 1Malaysia Development Bhd (1MDB) can be deemed as credible, the High Court heard.
Deputy Public Prosecutor Ahmad Akram Gharib made this assertion to support the credibility of the prosecution's witnesses after Najib's defense team claimed that most of them were unreliable.
Lead counsel Tan Sri Muhammad Shafee Abdullah on Monday said the witnesses had only testified to 'save their skin' from being implicated with the alleged mastermind of the global-scale financial scandal, Low Taek Jho, also known as Jho Low, who is still at large.
He said the witnesses included Najib's former special officer Datuk Amhari Efendi Nazarudin, former 1MDB chief executive Datuk Shahrol Azral Ibrahim Halmi, former 1MDB general counsel Jasmine Loo Ai Swan, and former 1MDB chief financial officer Azmi Tahir.
In today's proceedings, Akram said the witnesses when testifying in court expressed their belief that the instructions that they received from Low came directly from Najib.
"The defence submitted that the credibility of most of our witnesses cannot be trusted as they were either corrupt or trying to save their skin.
"Can we blame them if they believe they were acting at the behest of the accused?
"They may receive their commands from others like Low and Najib's former principal private secretary, the late Datuk Azlin Alias.
They believed that the instructions were genuinely from the then PM," he said.
Akram said this in his submissions to establish a prima facie case against the former prime minister for misappropriating billions of ringgit from the company's funds.
He said the defence also submitted that Shahrol was in cahoots with Low to carry out the financial scheme.
"I like to reiterate that, would Shahrol do all these acts without the backing of a very powerful person?
"Would he dare to do that if he is not backed by the most powerful person, a heavyweight?
"Shahrol even went against the 1MDB board of directors (BOD) in making decisions, but he knew at the end of the day, Najib will say it is okay...nobody was investigated, they were all cleared," he said.
The prosecutor also addressed Low's role, noting that although he did not hold any official position at 1MDB, he had a significant influence over the top management's decision-making processes.
"He (Low) was everywhere, even during Najib's family yacht vacation in Greece and France in 2009, 2010 and 2013.
"This is why 1MDB BOD and management listened to directions from him.
"Low is not a fictitious character.
"He has been identified by witnesses through photographs.
"He is a real person, and he is everywhere in this case, from beginning to end.
"He was involved in a lot of things and transactions in 1MDB," said Akram.
Najib, 71, is facing four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount.
For the 21 charges of money laundering, the former Pekan member of parliament is accused of committing the offences between March 22, 2013, and Aug 30, 2013.
The trial before presiding judge Datuk Collin Lawrence Sequerah continues.