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Prosecution seeks green light for Arul Kanda to testify against Najib in 1MDB audit report case

Deputy public prosecutor Gopal Sri Ram made the application at the Kuala Lumpur High Court today.

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The prosecution in Najib Razak’s 1MDB audit report tampering case has applied for the court’s approval to call his co-accused, former CEO Arul Kanda Kandasamy, to testify against him, news portal Malaysiakini reported today.

According to the report, deputy public prosecutor Gopal Sri Ram made the application at the Kuala Lumpur High Court today.

Sri Ram, a former Federal Court judge, had previously said that the prosecution would apply to call Arul Kanda to give evidence on its behalf.

He said on Nov 18, 2019 that an application would be made under Section 63 of the Malaysian Anti-Corruption Commission Act 2009.

The section states that in a situation where two or more people are charged with an offence under this law, the court may require one or more of them to give evidence as witnesses for the prosecution if a written application is made by the public prosecutor.

Speaking in court today, he said Arul Kanda had information on transactions with Najib that would “materially affect the outcome of the prosecution”.

“He (Arul Kanda) has information in his possession relevant to the charge against the other accused (Najib) in relation to the meeting held in February (24, 2016), events that preceded it and events that followed that meeting,” Sri Ram was quoted as saying.

Najib, 68, is charged with using his position to order amendments to the final 1MDB audit report before it was presented to the Public Accounts Committee to avoid any action against him.

Arul Kanda, 45, is charged with abetting Najib in making the amendments to the report to protect Najib from being subjected to action.

The offences were allegedly committed at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Putrajaya, between Feb 22 and 26, 2016.

They were charged under Section 23 (1) of the Malaysian Anti-Corruption Commission Act 2009, which provides for a jail term of up to 20 years and a fine of not less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.

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