This article first appeared in The Edge Financial Daily on November 6, 2019

KUALA LUMPUR: The defence in the 1Malaysia Development Bhd-Tanore (1MDB-Tanore) trial alleged that prosecution witness Datuk Shahrol Azral Ibrahim Halmi helped to facilitate a scam to siphon money out of the defunct sovereign wealth fund.

Lead defence counsel Tan Sri Muhammad Shafee Abdullah lobbed this accusation at Shahrol, who is the ninth prosecution in the trial, while grilling him over a proposed investment by 1MDB into French energy company GDF Suez.

The lawyer brought up how businessman Low Taek Jho — better known as Jho Low — and former 1MDB chief investment officer Nik Faisal Ariff Kamil, both currently missing, could produce meeting minutes involving discussions about the investment before the actual meeting minutes even took place.

“Nik Faisal already prepared the meeting minutes on July 21, 2010 before [the meeting took place on the same day], he must have a special talent in able to know what is going to happen,” said Muhammad Shafee.

The witness replied that he was not able to guess how that happened, and could suggested that the minutes were a result of earlier discussions.

“You were not present at the discussion, you were not aware who attended such a discussion,” Muhammad Shafee asked.

“So you are just guessing,” Muhammad Shafee said.

“Yes, the same way you guess Nik Faisal has a special talent,” Shahrol replied.

Muhammad Shafee argued that he was not guessing as his inference came from previous documents.

Muhammad Shafee then suggested that Shahrol could be part of the conspiracy with Jho Low and Nik Faisal.

“You are, in what a Malay proverb says Cuba menegakkan benang yang basah [defending the indefensible], you are part of this conspiracy and you put the prime minister to it and compromise your position,” the lawyer said.

“I disagree,” Shahrol said.

Muhammad Shafee also said former prime minister Datuk Seri Naijb Razak alone was not able to perform the function of the entire 1MDB board of advisers in advising the fund’s directors about the GDF Suez investment.

Although Shahrol agreed, he explained that 1MDB board of directors were appointed by Najib as the fund’s sole shareholder in his capacity as prime minister and finance minister.

“Legally speaking, we need to state specifically which position that DS Najib was in when we discuss with him, but at that time [the] 1MDB board of directors’ mindset was that ‘Look, we need to get the advice from DS Najib’,” Shahrol explained.

When a meeting between Najib — in his capacity as chairman of 1MDB’s board of advisers — and Shahrol that took place on July 5, 2010 was brought up, Muhammad Shafee pointed out that that meeting did not count as a meeting with the fund’s board of advisers because 1MDB’s memorandum and articles of association stipulated that the meeting with board of advisers require at least four members.

“You listen to Jho Low too much [and] you forgot your own M&A,” Muhammad Shafee said.

“No, I disagree,” Shahrol said.

Najib currently faces four charges of abuse of power and 21 counts of money laundering in relation to billions of ringgit allegedly sourced from 1MDB.