This article first appeared in The Edge Financial Daily on November 26, 2018

KUALA LUMPUR: The presence of Low Taek Jho (Jho Low) in a 1Malaysia Development Bhd (1MDB) board meeting was to represent Prince Turki Abdullah, the owner of PetroSaudi International, according to Shafee & Co, the law firm representing former prime minister Datuk Seri Najib Razak in several ongoing criminal cases.

This was revealed in Parliament on Dec 21, 2015 by the finance ministry, Shafee & Co said in a statement yesterday. Jho Low’s presence was also discussed in the proceedings of the Public Accounts Committee on 1MDB prior to that, on Nov 25, where the previous auditor-general Tan Sri Ambrin Buang was also present, the law firm said.

These took place before the alleged order was given in February 2016 to remove mention of Jho Low’s presence in a 1MDB board meeting — according to the press statement by current Auditor-General Tan Sri Dr Madinah Mohamad on the alleged tamperings (see story above) — the law firm said.

It also defended 1MDB president and chief executive officer Arul Kanda Kandasamy’s presence at several meetings with the 1MDB Audit Team as a standard audit process, saying auditors and the audited would ordinarily meet to discuss the draft report for clarification and to correct any inaccuracies.

Najib will provide a more comprehensive explanation on the matters alleged, at the appropriate time, it said. But, as Najib’s lawyers, the firm is concerned with Madinah’s statement that was issued under orders of the cabinet, which “seems to indicate that there were political undercurrents and considerations taken for the decision to issue the said press statement”.

The law firm also views the statement as an attempt to influence public opinion and to prejudice Najib before his trial, “which could amount to contempt of court as there are elements of attempt to prejudice our client’s intended defences”.

It also noted that Najib was not contacted by Madinah’s office for an explanation before the press statement was issued, and so was never given a chance to respond to the intended statement, which is “another serious breach of natural justice”.

Particularly concerning, it said, is Madinah’s disclosure that the matter has now been forwarded to the Malaysian Anti-Corruption Commission and the police for investigations. “While this may be the right of any person to lodge any police report, we question the motive of disclosing this matter prematurely,” Shafee & Co said.

As such, it said Madinah’s statement is not only premature but “against due process as it has effectively publicly accused our client first and investigate later”.

It urged the authorities to exercise “a greater degree of responsibility in future statements made pertaining to our client”, and “allow the natural process of justice to take place in a fair and equal manner consonant with the promise made by the current government that due process and the rule of law will be observed to give everyone a fair trial”.

Najib is currently facing 38 charges for breach of trust, bribery, abuse of power, and money laundering involving a total sum of RM9.5 billion.