The prosecution is expected to amend the abuse of power charge against the former prime minister tomorrow.
Lead prosecutor Gopal Sri Ram informed Kuala Lumpur High Court earlier today that the prosecution is seeking to amend the single charge that Najib faces in the trial.
Sri Ram said the proposed amendment is in relation to a “typographical error” in the charge.
Deputy public prosecutor Ahmad Akram Gharib then told reporters the prosecution wanted to make “abundantly clear” that the final 1MDB audit report was altered.
Lead counsel Tan Sri Muhammad Shafee Abdullah, however, said that the defence would object to the prosecution’s intention as their preparation for the case was based on the original charge.
“We take note of their intention…but I will make a song and dance out of this tomorrow for sure.
“We will object strenuously,” he said at the end of the day-10 trial at the Kuala Lumpur High Court today.
Should the court allow an amendment by the prosecution, the defence has the right to recall all prior witnesses in view of the change in the criminal charge.
Najib, who also seemed unhappy with what was going on, shook his head in disbelief as he walked out of the courtroom later.
Najib, 67, is charged with using his position to order amendments to the 1MDB final audit report before it was presented before the Public Accounts Committee to avoid any action being taken against him, while Arul Kanda is charged with abetting Najib in making amendments to the report to protect Najib from being subjected to action.
Both men have been charged under provisions of the Malaysian Anti-Corruption Commission Act 2009, which carry a maximum jail term of 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.
The trial, before Justice Mohamed Zaini Mazlan, resumes tomorrow.
Jan 16, 1MDB Audit Trial: Day Nine
Jan 14, 1MDB Audit Trial: Day Eight
Jan 14, 1MDB Audit Trial: Day Seven
Nov 29, 1MDB Audit Trial: Day Six
Nov 21, 1MDB Audit Trial: Day Four
Nov 21, 1MDB Audit Trial: Day Three
Nov 20, 1MDB Audit Trial: Day Two
Nov 19, 1MDB Audit Trial: Day One