Court should allow ex-1MDB CEO Mohd Hazem to read witness statement - Sri Ram

The witness statement of the 10th prosecution witness, was not been tendered to the court as the defence objected to it as hearsay. Mohd Hazem was scheduled to take the stand yesterday.

Lead prosecutor, Datuk Seri Gopal Sri Ram said the witness should be given the chance to read the statement to satisfy the requirement under Section 32 of the Evidence Act 1950.

“The witness testimony cannot be comprehensible if some excerpts from it were removed. The way the evidence flowed in the case is the part of the transaction,” said Sri Ram.

Sri Ram further added should there be any parts of Mohd Hazem’s statement that does not meet the requirement as found by the law, he would withdraw the statement himself.

In response to this, Justice Collin Lawrence Sequerah, who is presiding over the case, said lead defence counsel, Tan Sri Muhammad Shafee Abdullah had cited a case which ruled the issue of hearsay ought to be addressed at the juncture and not at the end of the case.

“However, there is no obligation on me on make the decision as and when, I can suspend it,” said the judge.

Muhammad Shafee then urged the court to make the decision on the dispute whether the alleged hearsay paragraphs should be omitted when and where the matter arises.

“Hearsay statement cannot be given in examination-in-chief or at any given time. What is inadmissible remains inadmissible,” said the counsel.

He is expected to continue his submission on the hearsay issue when the proceeding resumes on Thursday.

Najib, 67, faces four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount.