In the 1MDB-Tanore trial, Datuk Seri Najib Razak faces four counts of abuse of power for using his position as the then prime minister, finance minister, and chairman of 1MDB’s board of advisers, to receive gratifications worth US$620 million (RM2.27 billion). He also faces 21 money-laundering charges. (Photo by Suhaimi Yusuf/The Edge)

"This is not coffee-shop [talk]. I'm [giving evidence] based on investigations of witnesses and documents.”— MACC IO.

KUALA LUMPUR (May 28): The Malaysian Anti-Corruption Commission (MACC) officer investigating Datuk Seri Najib Razak told the High Court on Tuesday that the ex-prime minister had hindered the graft-busters' investigation into the 1Malaysia Development Bhd (1MDB) scandal.

Testifying at the 1MDB-Tanore trial, MACC investigating officer (IO) Nur Aida Arifin claimed that among some of the alleged actions Najib had taken were changing the agency's top commissioner, officers' transfers, arrest of some of the commission's officers, and instructing then attorney general Tan Sri Mohamed Apandi Ali to close investigations, despite MACC's recommendation for further action.

Through a heated exchange with lead defence counsel Tan Sri Muhammad Shafee Abdullah, the IO said that although she had no direct evidence to show that Najib had ordered these actions, these were conclusions reached based on her investigations.

Citing documentary evidence — in the form of 'talking notes' confiscated from Najib’s former special officer Datuk Amhari Efendi Nazaruddin — Nur Aida said the actions mentioned were laid out in the notes by fugitive businessman Low Taek Jho (Jho Low), and whatever mentioned did come to pass.

Nur Aida: [The notes] have been tendered as evidence in court. We confiscated [the notes] from Amhari, and he said these were the notes prepared by Jho Low per Najib's instructions.

Shafee: Do you have any proof that Jho Low acted based on Najib's instruction?

Nur Aida: Although Jho Low [wrote the notes], the events [mentioned] did transpire.

Shafee: Do you have direct proof? So you made an assumption?

Nur Aida: I don't have direct proof. I didn't make assumptions. What was stated in the notes happened and Amhari is Najib's officer.

Shafee: You are still stubborn [despite no proof]?

Nur Aida: For me, the statements were sufficient, and at the end the events did unfold.

Shafee continued badgering the witness saying that her testimony in court were akin to 'coffee-shop talk', lacking substantial proof.

To this Nur Aida fired back, "This is not coffee-shop [talk]. I'm [giving evidence] based on investigations of witnesses and documents.”

On Tuesday, Shafee also cast doubt on Amhari’s credibility and insinuated that Amhari had colluded with Jho Low. The senior lawyer cited MACC's statement, where it disclosed that Amhari had voluntarily returned US$972,251.25 linked to 1MDB in September last year.

Nur Aida said that she was not aware of this.

In early 2016, Apandi said that no charges would be brought against the ex-PM because there was no wrongdoing. Subsequently, MACC's investigation files were marked as NFA (no further action).

On Tuesday, the IO testified that she did not record any statement from Apandi, who was the attorney general from July 2015 to June 2018.

Previously, Nur Aida had also testified that she was asked to halt her investigations into 1MDB in 2016 when the then new MACC chief, Tan Sri Dzulkifli Ahmad, had taken office.

She said Najib had taken steps to remove Dzulkifli’s predecessor, Tan Sri Abu Kassim Mohamed, as MACC chief, as a way to halt the investigations into the 1MDB scandal.

In this trial, Najib faces four counts of abuse of power for using his position as the then prime minister, finance minister, and chairman of 1MDB’s board of advisers, to receive gratifications worth US$620 million (RM2.27 billion). He also faces 21 money-laundering charges.

The trial before judge Datuk Collin Lawrence Sequerah continues on Wednesday (May 29).