KUALA LUMPUR (Nov 15): The prosecution in the 1Malaysia Development Bhd-Tanore (1MDB-Tanore) has sought to admit audio recordings to rebut former prime minister Datuk Seri Najib Razak's defence that monies at the heart of the charges he is facing were donations.

In making his oral submissions on Tuesday (Nov 15), lead prosecutor Datuk Seri Gopal Sri Ram said that the audio recording of an alleged conversation between Najib and a Middle Eastern leader was "highly relevant" to refute Najib's defence.

"We say that the contents of the tape and transcript will go to some extent, if not the whole length, to rebut the defence that the accused received a donation and that he thought he was dealing with monies that were donated to him.

"I have to meet that defence and I have to rebut that defence, for that purpose this evidence is highly relevant," he said.

Sri Ram had introduced the recording during Monday's proceedings as he wanted prosecution witness former Treasury secretary general Tan Sri Mohd Irwan Serigar Abdullah to identify the voices in the audio.

However, lead defence counsel Tan Sri Muhammad Shafee Abdullah had objected to the audio being admitted and alluded that the recording may have been illegally obtained.

Sri Ram said on Tuesday that he wants to admit the audio for identification only.

He argued that the recording should be admissible under Section 41(A) of the Malaysian Anti-Corruption Commission (MACC) Act and that it is a "special provision" which takes precedence over Section 65 of the Evidence Act which deals with documentary evidence.

"For that purpose, we also submit that a tape recording, a recording of this nature, is a document," he said.

He also said that even if the audio was obtained "irregularly or illegally", it will still be admissible.

Section 41(A) of the MACC Act states that where any document or a copy of any document is obtained by the MACC under this Act, such document shall be admissible in evidence in any proceedings under this Act, notwithstanding anything to the contrary in any other written law.

Earlier on Tuesday, Sri Ram told the court he would proceed with oral submissions and will file written submissions later. In turn, Muhammad Shafee informed the court that he will reply to Sri Ram's submission on another date.

The claim that the monies that went into Najib's account were donations has been repeated by the defence from the start of this trial — as well as throughout the SRC International Sdn Bhd case, for which Najib has been found guilty of all seven graft charges in relation to the former 1MDB unit's funds.

The trial before High Court judge Datuk Collin Lawrence Sequerah resumes on Wednesday afternoon. In this trial, Najib is charged with four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion of 1MDB funds.