1. On 11.11.2019, this Honourable Court ordered DSN to enter his defence on all seven charges in these proceedings based on oral grounds which were pronounced on that day .
5. Given that DSN’s personal liberty is at stake, due process in accordance with fundamental liberties guaranteed in Article 5 of the Federal Constitution would have merited a reasonable period and opportunity being given to DSN to prepare for and mount an effective defence.
10. Out of the 66 witnesses offered, despite the kind cooperation of the prosecution, given the exigencies of time, interviews could only be had with seven out of the 66 witnesses offered by the prosecution.a. The Prosecution continue to withhold the identity of 102 witnesses who had provided statements to the MACC during the course of the investigations which led to the Charges being preferred against DSN in the present proceedings.
15. At all times, the clear impetus behind KWAP and the Government of Malaysia’s endorsement of the intended activities of SRC and the need for SRC to be adequately funded through the KWAP loans and secured by the Government Guarantees was based on the intended activities of SRC promulgating national key development areas identified in the 10th Malaysia Plan and the New Energy Policy.
19. The contemporaneous evidence borne by the documents and oral testimony reveals that at all times DSN intended for the Ministry of Finance to supervise the affairs of SRC. There is no evidence to suggest that the BMKD were prohibited from doing so.
23. The purported MKD Minutes of 1MDB were inadmissible and/or were not properly proven in evidence. The contents appeared to be inconsistent with one another. The dating of these documents and its provenance was never credibly established by the evidence.
27. In any event the ambit of Article 117 on the role of the Advisor Emeritus did not support the view that the same was designed or used as a means to control the Board. The alleged instructions represented by the CEO were not supported by the contemporaneous records of SRC including the Board Meeting Minutes which reflected that all material decisions relating to the affairs of SRC were made by the Board of SRC or the Board of its subsidiaries.
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