Jho Low present at 1MDB's special board meeting in 2009 - Witness

KUALA LUMPUR: Fugitive businessman Low Taek Jho, or Jho Low was present at the Special Board Meeting of 1Malaysia Development Berhad (1MDB) held at the Royale Bintang Damansara on Sept 26, 2009, the High Court heard today.

Former 1MDB company secretary Lim Poh Seng, 50, said the meeting chaired by Tan Sri Mohd Bakke Salleh, was also attended by Tan Sri Che Lodin Wok Kamaruddin, Datuk Shahrol Azral Ibrahim Halmi, Tan Sri Azlan Zainol, Tan Sri Ismee Ismail and Casey Tang Keng Chee.

Lim who referred to the minutes of the meeting, said he was not present at the meeting as he was on leave and the minutes were prepared by Kelvin Tan Kay Jin, the former director of Investments of Terengganu Investment Authority (TIA). TIA was renamed 1MDB in 2009.

On Jan 13, former Auditor-General Tan Sri Ambrin Buang told the court that the National Audit Department (NAD) was asked to drop a paragraph on the presence of Jho Low at the 1MDB'S board of directors (BOD) meeting in 2009, in the 1MDB final audit report on the grounds of sensitivity.

Explaining the Oct 3, 2009 meeting, the witness said that 1MDB's BOD raised questions on the management headed by Shahrol Azral over the joint venture with PetroSaudi Holdings (Cayman) Limited, including the valuation report and funds to be injected into the joint venture company.

He said this during the examination-in-chief by deputy public prosecutor Mohamad Mustafa P. Kunyalam at the trial of Datuk Seri Najib Tun Razak and former 1MDB chief executive officer Arul Kanda Kandasamy on alleged tampering of the 1MDB final audit report.

When asked by lead prosecutor Datuk Seri Gopal Sri Ram on Jho Low's role in 1MDB, Lim replied, "Jho Low was appointed as advisor of 1MDB on April 8, 2009."

Sri Ram: You did not attend the Sept 26, 2009 special board meeting, right? But when you received the minutes from Kelvin Tan, did it alarm you when you saw Jho Low's name?

Lim: No

The witness also confirmed that Najib had approved the remuneration of RM120,000 annually for the chairman of 1MDB board of advisors (BOA) and RM96,000 for the BOA members on June 6, 2010.

Sri Ram: Do you know who was the chairman of 1MDB board of advisors?

Lim: No

Sri Ram: You really can't recall?

Lim: Yes

Previously, former chief executive officer of 1MDB, Shahrol Azral testified that Najib set for himself an allowance of RM120,000 per year as 1MDB's board of advisors (BOA) chairman and he also fixed RM96,000 as yearly allowance for the BOA members.

Cross-examined by counsel Wan Aizuddin Wan Mohammed, representing Najib, the witness said the government officials from NAD had never requested from him, the 1MDB company records for 2009 and 2011 when conducting their audit.

"I resigned as the 1MDB company secretary during the NAD audit exercise in 2015 and 2016. Goh Gaik Kim was the company secretary after I resigned," said Lim.

Najib, 68, is charged with using his position to order amendments to the 1MDB final audit report before it was presented to the PAC to avoid any action being taken against him, while Arul Kanda, 45, is charged with abetting Najib in making the amendments to the report to protect Najib from being subjected to action.

Both of them are charged under Section 23 (1) of the Malaysian Anti-Corruption Commission Act 2009, which provides for a jail term of up to 20 years and a fine of not less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.

The trial before judge Mohamed Zaini Mazlan continues tomorrow.

-- BERNAMA