KUALA LUMPUR: Day nine of the 1Malaysia Development Berhad (1MDB) trial started with the defence team arguing over the ‘relationship’ between key witness Datuk Amhari Efendi Nazaruddin and fugitive businessman Low Taek Jho or Jho Low.
Datuk Seri Najib Razak’s lead counsel Tan Sri Muhammad Shafee Abdullah questioned the authenticity of Low who claimed he was the advisor of the then Yang-dipertuan Agong Sultan Mizan Zainal Abidin, who is also the Terengganu Ruler, at meetings related to Terengganu Investment Authority (TIA) which was later changed to 1MDB.
However, it was refuted by the Sultan’s representative Wan Ismail Wan Nik during a meeting in parliament on June 30, 2009, and Amhari knew about it (misrepresentation).
The meeting was attended by Wan Ismail, a representative from Terengganu’s Menteri Besar Incorporated (MBI), and TIA chief executive officer Shahrol Azral Ibrahim Halmi.
Shafee claimed that Amhari was protecting Low by not thoroughly raising the issue to his superior, Datuk Seri Abdul Aziz Kassim.
He said Amhari saw this issue (misrepresentation by Low) as prejudice as he failed to report it to the prime minister’s office (PMO).
Amhari, however, refuted the claims stating that he did not contribute in the meeting as he was merely a junior officer.
Shafee: I put to you that in the meeting, you should have contributed to the content on who Low is. You failed to do it as the only representative of the PMO.
Amhari: I did not believe it is necessary because the issue is out there and as a junior officer, I need to follow orders from senior officers from the Finance Ministry (MoF) to bring issues to the prime minister (PM).
Shafee: Is there any prohibition (for a junior to talk)?
Amhari: No.
Shafee: So you can speak?
Amhari: Yes but all civil servants understand that at times you just keep quiet, observe and come back for further instructions… I think it is a normal culture.
Shafee: I was a public servant for eight years… this is not normal. How can you being the sole representative from PMO, keep quiet when you realised Low was misrepresenting… you just perpetuated this misrepresentation.
Amhari: I disagree.
Shafee: I put to you, you are trying to protect Low as you were close to him… you were benefiting from it.
Amhari: I disagree.
However, Amhari said he did inform his boss, Aziz, but was unsure if the he briefed Najib about it.
Shafee: Do you regard this as serious matter?
Amhari: Yes.
Shafee: Did you send a memo about this to Azlin (Najib’s former principal special officer) or Aziz?
Amhari: No.
Shafee: Why not?
Amhari: Becasue Aziz told me to report to him.
Shafee: Did you tell him about this?
Amhari: Yes. I told him about this and also several other problems regarding TIA.
Amhari also revealed that he raised the issue during a ’secret meeting’ between Azlin, Low, and him in a hotel room.
Shafee during the proceeding also tendered documents on the federalisation of TIA from MBI to the Minister of Finance Incorporated (MoF Inc).
The documents revealed that MBI wanted MoF Inc to take over as the fund was not ‘moving anywhere’ under the state.
However, MoF Inc wanted the entity to remain with Terengganu.
Shafee: The preferred choice was for TIA to remain in Terengganu but the federalisation was made ‘by default’ as nobody can handle it.
Amhari: Based on the documents, I agreed.
Amhari also agreed that Low still has influence on TIA-1MDB matters.