This article first appeared in The Edge Financial Daily on November 20, 2019

KUALA LUMPUR: Datuk Seri Najib Razak’s mistrust of former attorney-general (AG) Tan Sri Abdul Gani Patail and former deputy prime minister (DPM) Tan Sri Muhyiddin Yassin may have led the former premier sacking both men.

This was told to the court yesterday by former chief secretary to the government Tan Sri Ali Hamsa, the fourth prosecution witness in the 1Malaysia Development Bhd (1MDB) audit report tampering trial involving Najib and the fund’s former chief executive officer Arul Kanda Kandasamy.

While acknowledging Abdul Gani and Muhyiddin’s removal was Najib’s prerogative as then PM, Ali also talked of a meeting between Abdul Gani and Muhyiddin at a shopping centre here, before they were removed.

The witness was responding to senior Deputy Public Prosecutor Datuk Seri Gopal Sri Ram’s (pic)questions. At times during Ali’s testimony, the witness was seen looking at Najib when replying to questions.

This resulted in Sri Ram telling the witness that he could say anything as he was testifying in a court of law. Here is an excerpt of the exchange.

Sri Ram: Can you explain the circumstances that Gani left?

Ali: There was no trust in Gani or the PM had lost trust in him.

Sri Ram: Why was this?

Ali: When I handed the letter to Gani telling him that he would be released from the attorney-general’s post, Gani replied [that] he had expected it.

Sri Ram: Where did you get the letter from?

Ali: The letter was drafted by one Tan Sri Mazidah (Tan Sri Mazidah Abdul Majid, former cabinet deputy chief secretary) together with Najib, who then took it to the Yang di-Pertuan Agong to be signed. I prepared a cover letter on it and signed the cover letter.

Sri Ram: Why did you sign the letter?

Ali: Because the chief secretary usually signs such documents.

Sri Ram: How did you come to be the one to give the bad news?

Ali: Najib said to give the letter to Gani and not allow him (Abdul Gani) to take any documents from his office.

On Muhyiddin’s removal as DPM, Ali said Najib’s former second-in-command had asked questions about 1MDB during cabinet meetings.

“Datuk Seri Najib was calm and answered some of the questions, while the minister of finance II answered others,” said Ali.

When Sri Ram asked when Muhyiddin was removed, Ali responded that it happened after the former DPM raised those questions during cabinet meetings.

“It was one-sided with Tan Sri Muhyiddin Yassin making all the noise, you know that something is coming up,” Ali testified.

Abdul Gani and Muhyiddin were removed on July 27, 2015.

Abdul Gani, before his sacking, was leading a special task force comprising the Malaysian Anti-Corruption Commission, the police, Bank Negara Malaysia officials and officials from the Attorney-General’s Chambers to investigate 1MDB, followings exposés of financial irregularities at the fund.

Najib was accused of tampering with the final 1MDB audit report to gain protection from disciplinary, civil or criminal actions before the report was finalised and presented to the Public Accounts Committee.

He allegedly committed the offence at the Prime Minister’s Office in Putrajaya between Feb 22 and Feb 26, 2016.

The charge, framed under Section 23(1) of the MACC Act 2009, carries a maximum 20 years’ jail, and a fine no less than five times the gratification amount or RM10,000, whichever is higher.

Arul Kanda has been charged with abetting Najib in tampering the audit report. The charge is in accordance with Section 28 (1) (c) of the MACC Act 2009, read with Section 23 (1) & 24 (1) of the same legislation, providing similar punishments, if found guilty.