by RAHIMI YUNUS / pic by ARIF KARTONO

A FORMER 1Malaysia Development Bhd (1MDB) CEO Mohd Hazem Abdul Rahman will be testifying in former Prime Minister Datuk Seri Mohd Najib Razak’s (picture) trial next Monday after the judge dismissed the defence’s bid to drop parts of the witness statement citing “hearsay”.

Judge Collin Lawrence Sequerah ruled that the court is not in a position to determine whether the evidence in the witness statement contained hearsay as alleged at this juncture before hearing evidence from the prosecution.

“It is premature at this stage for the court to decide on the admissibility issue, whether to exclude the passages (in the witness statement) because the prosecution may then be deprived of the opportunity to render the passages admissible,” Sequerah said at the Kuala Lumpur High Court yesterday.

He said certain documentary or oral evidence provided by the prosecution may at a later stage be rendered admissible due to it falling within the exception of the rule against hearsay evidence.

The judge said there will be prejudice against the prosecution in rendering its narrative as it unfolds if the disputed parts of the witness statement are removed at this point.

For the defence, he said there would not be a prejudice if the whole of Mohd Hazem’s statement is heard because the defence can later cross-examine the witness over the contended parts.

“The witness statement is to be allowed in its entirety,” Sequerah said.

Previously, Mohd Hazem could not begin testifying in the trial as Najib’s defence filed an application to dispute his witness statement as hearsay.

Lead defence counsel Tan Sri Muhammad Shafee Abdullah argued that 24 out of 118 pages in Mohd Hazem’s witness statement contained hearsay elements, thus inadmissible in court.

As an example, Muhammad Shafee said Mohd Hazem made allegations that fugitive businessman Low Taek Jho, also known as Jho Low, told the former that 1MDB was established to assist Umno in obtaining funds.

Mohd Hazem was expected to take the stand as the 10th prosecution witness last week after his predecessor, Datuk Shahrol Azral Ibrahim Halmi, completed his 40-day court proceedings since Sept 23 last year.

Shahrol Azral was the first 1MDB CEO from 2009 to 2013, when he was hastily transferred to the now-defunct performance management and delivery unit.

Mohd Hazem took over from Shahrol Azral until he resigned in 2015 and was succeeded by Arul Kanda Kandasamy.

In previous proceedings, Shahrol Azral testified that Jho Low had nominated Mohd Hazem as an ED at 1MDB with the approval of Najib.

Shahrol Azral said he received the curriculum vitae of Mohd Hazem from Jho Low.

Najib is facing 25 charges in the 1MDB trial, four counts of power abuse to obtain gratifications totalling RM2.3 billion and 21 counts of money laundering involving the same proceeds.