Monday, 07 Sep 2020 06:35 PM MYTDatuk Seri Najib Razak arrives at the Kuala Lumpur High Court September 7, 2020. — Picture by Hari Anggara
Shafee then read out various examples of Mohd Hazem’s witness statement that he claimed would amount to hearsay, including a line where Mohd Hazem claimed Low said 1MDB was founded to help Umno through the company’s strategic investments. Shafee said Najib’s defence team could not verify remarks Mohd Hazem claimed were from individuals such as the now-missing Low and the late Datuk Azlin Alias who was Najib’s principal private secretary, as they would not be available for questioning in court.
Shafee said that it would be better for the judge to decide at this point whether the contended parts in Mohd Hazem’s written witness statement are hearsay or not, instead of going through the “onerous task” and trouble of deciding this at the end of prosecution’s stage. “But at the end of the day, what’s important for Your Lordship to consider is whether at the end of the day the accused has done all this, not this. This story is for them to explain to Yang Arif how matters unfolded during those times, therefore this is relevant as well as admissible under Section 6, Section 5, Section 10 of the Evidence Act,” he said.
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