KUALA LUMPUR (May 25): Datuk Seri Najib Razak’s defence lawyer contended that it was not his signature on five documents for the approval of a US$975 million (RM4.59 billion) term loan facility for 1MDB Energy Holdings Ltd from Deutsche Bank - arguing discrepancies in the documents pivotal to the fourth abuse of power charge against the former prime minister.

While Malaysian Anti-Corruption Commission investigating officer (MACC IO) Nur Aida Arifin agreed that there were some differences in the signatures, she disagreed with defence counsel Wan Azwan Aiman's contention, during cross-examination on Saturday, that the signatures were fake.

Instead, she asserted that the documents were approved by Najib in his capacity as the then finance minister.

Wan Azwan: Even though these documents can support the prosecution's [case], the five documents were never shown to Najib when his statement was recorded [by the MACC], as the investigators knew it was not the same [signature].

Nur Aida: I disagree.

Wan Azwan: I say that these five documents are pivotal to the prosecution's case, where Najib is [said to have] approved the US$975 million [loan] from Deutsche Bank.

Nur Aida: [That's] correct.

In the fourth abuse of power charge, Najib is accused of gratifying himself with RM44.57 million - RM44,570,920.70 to be exact - through actions he took as the then finance minister and chairman of 1MDB's board of advisors.

Nur Aida, the prosecution's 49th witness, agreed that there were some differences in elements of the signatures shown to her in the High Court here. She also agreed that Najib was not shown these documents - to ascertain if he had indeed signed off on them - when his statement was recorded by the graft-busters.

However, Nur Aida was quick to add that throughout her investigation, former 1MDB chief executive officer Mohd Hazem Abdul Rahman had disclosed that fugitive Low Taek Jho, better known as Jho Low, would bring such documents to the ex-prime minister for signing.

Deputy public prosecutor Ahmad Akram Gharib objected to the defence's attempt to ask the MACC IO to identify the signatures in court, on the ground that she is not an expert in this area.

Nonetheless, trial judge Datuk Collin Lawrence Sequerah allowed the defence's question.  

On the stand on Saturday, Nur Aida also disagreed with the defence's suggestion that Hazem and former 1MDB chief financial officer Azmi Tahir had orchestrated a scam, along with BSI Bank and Aabar Investments PJS Ltd officers, to deceive Najib and the public that investments in Brazen Sky Ltd would be redeemed.

Aabar Investments PJS Ltd was the fake Aabar.

Brazen Sky was 1MDB's special-purpose vehicle, through which US$2.3 billion was invested in an unknown fund called Bridge Global SPC.

Audit firm KPMG was hesitant to close its audit of 1MDB, as it was having difficulty obtaining "evidence of the existence, accuracy, completeness and valuation of the investment".

Former KPMG managing partner Datuk Johan Idris, the prosecution's 14th witness, had previously testified that the firm was intimidated by Najib into signing off 1MDB's long-delayed financial statements for the year ended March 31, 2013.

Following some hesitancy by KPMG to sign off on the financial statements, it received a letter from 1MDB informing that its services as an external auditor were to be terminated immediately.

No reasons were given, although KPMG was informed that Deloitte would be replacing it.

KPMG was the second auditor sacked by 1MDB upon purported pressure from Najib.

KPMG took over the audit job from Ernst & Young, whose services were terminated in 2010.

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. He also faces 21 money-laundering charges.

It was the second Saturday with proceedings, in hopes of wrapping up the case that began in 2019. The trial continues on Monday.

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