KUALA LUMPUR: The prosecution in the 1Malaysia Development Bhd (1MDB) audit tampering trial is seeking to call former 1MDB CEO Arul Kanda Kandasamy to testify against former prime minister Datuk Seri Najib Razak.

       High Court judge Justice Mohamed Zaini Mazlan was informed of the matter in an oral application by lead prosecutor Datuk Seri Gopal Sri Ram.

       Sri Ram said the application was made under Section 63 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

       The section states that in a situation where two or more people are charged with an offence under this same law, the court may require one or more of them to give evidence as witnesses for the prosecution if a written application is made by the public prosecutor.

       “The accused (Arul Kanda) has information in relation to transactions with the other accused (Najib), which will materially affect the outcome of the prosecution of that accused (Najib)," Sri Ram said here on Friday (May 20).

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       The prosecutor said the information is in relation to a meeting held on Feb 24, 2016, events that preceded it and events that followed.

       Najib's lead counsel Tan Sri Muhammad Shafee Abdullah, who objected to the application, told the court that the prosecution's application was "unusual" and "probably the first" of its kind in modern times.

       "I immediately see issues, including issues of (a) Constitutional nature," he said.

       Muhammad Shafee also said the prosecution must meet the requirements of the law if it were to make the application under Section 63.

       "When you make that application, you must satisfy the court. It is (at) the judge's total discretion, guided by law (to grant the application or not), so they have to have to satisfy the court," he said.

       Datuk N. Sivananthan, who represented Arul Kanda, told the court that the prosecution had indicated in its opening statement at the beginning of the trial of its intention to call his client to testify.

       "My client's position has been consistent since the investigation. This is the prerogative of the prosecution to do so (in making the application)," he added.

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       Sivananthan said he would not be making a submission in the application and left the matter to the court's discretion.

       Justice Mohamed Zaini said it would only be right for the court to hear the basis of the application before he could make a ruling on the matter.

       He then asked for parties to put in their written submissions and fixed May 30 to hear the application.

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       In the prosecution's opening statement dated Oct 18, 2019, Sri Ram had said that the prosecution would apply in writing under Section 63 to call Arul Kanda to give evidence on the prosecution's behalf.

       "We will be addressing the court on this part of the case at the appropriate stage," he said then.

       Najib, 69, is accused of abusing his position to order amendments to the 1MDB final audit report to avoid any action being taken against him while Arul Kanda, 46, is accused of abetting Najib in making the amendments.

       Both men are charged under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which provides a jail term of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.