KUALA LUMPUR (Sept 23): Datuk Seri Najib Razak's former aide Datuk Amhari Efendi Nazaruddin was asked to highlight several passages that implied the bailout of 1Malaysia Development Bhd (1MDB) in a document that was prepared by Low Taek Jho following a meeting with China.
During re-examination, senior deputy public prosecutor (DPP) Datuk Seri Gopal Sri Ram told the court that Attorney General (AG) Tommy Thomas, on behalf of the Cabinet, had expressed concerns relating to the confidential document, which was marked as Exhibit 219.
The senior DPP then asked the witness to point out the paragraphs that implied the plan for a bailout of 1MDB without reading it aloud, to maintain the confidentiality of the document from the press and the public present in the courtroom.
The witness tried to refer to the paragraphs without reading it aloud but it was not clear enough for High Court Justice Collin Lawrence Sequerah to follow.
"Can you instead highlight the passages and sentences?" suggested Sri Ram.
"Yes," said Amhari.
"Can the witness be provided a highlighter? If the government can afford one," said the senior DPP. The witness then took about 15 minutes to highlight the relevant paragraphs and bullet points.
Amhari then confirmed that certain paragraphs in the document referred to the assumption of 1MDB's debts, which pointed to a bailout of the troubled investment vehicle.
He also confirmed that there were several project proposals mentioned in the document.
Although he did not specifically mention which projects were mentioned in the document, it is understood that it would refer to the China government-backed projects including the East Coast Rail Link (ECRL) project, and the Trans-Sabah Gas Pipeline and Multi-Product Pipeline projects.
Amhari was subsequently released from the witness stand, and the prosecution will bring in a new witness after the court returns from lunch.
Initially, Sri Ram wanted the court be cleared of people in the public gallery and reporters due to the sensitive nature of the subject.
"The Attorney General and the Cabinet have expressed concern over the confidentiality of the matter highlighted and instructed that the court be vacated for this purpose in the recording of this testimony," he said.
However, lead defence counsel Tan Sri Muhammad Shafee Abdullah said since some of the items had been reported, it should be done in open court but can be done discreetly by asking the witness show the right paragraph.
This led to Sri Ram suggesting the witness highlight the passages in the document that Amhari, in his opinion, deemed projects considered as a bailout.
Closed or in-camera proceedings can be ordered by the court on application by the prosecution or defence if the testimony covers sensitive matters.
So far, the document regarding Low's report had been marked as evidence but is not available for public consumption.
Amhari also told the court that he went to China before going to Abu Dhabi that same year.
Earlier, Amhari was asked by Sri Ram about the late Datuk Azlin Alias exclaiming "Ini duit 1MDB la, bro!"
He replied that in January and February 2015, the misappropriation of 1MDB funds was in focus following reports about how they were used to fund the production of "The Wolf of Wall Street" by Najib's stepson Riza Shahrir Abdul Aziz, as well as Low's lavish lifestyle.
The Prime Minister's Office was flooded with such reports, leading the witness to assume that Azlin — who was Najib's chief private secretary before he died in 2015 — was referring to them.
At that time, Amhari said the Prime Minister's Department (PMD) and its senior officers believed that the reports were part of a political conspiracy against Najib and worked to allay public concerns.
When asked by Sri Ram if there were reports lodged with the police or the Malaysian Anti-Corruption Commission over the possible abuse of 1MDB funds by the PMD or Najib, Amhari said no.
The Edge is reporting the proceedings of the 1MDB-Tanore trial live.