Malaysian Anti-Corruption Commission (MACC) investigating officer Nur Aida Arifin, the prosecution’s 49th witness, told the High Court here that the note was seized in a raid conducted at the home of Najib’s former special officer, Amhari Efendi Nazaruddin.
The note called for the MACC chief to be replaced, its officers arrested or transferred, and for investigations into 1MDB to be closed.
The existence of the note had been previously confirmed by Amhari, the eighth prosecution witness, in his testimony in 2019.
Under cross-examination, Najib’s lawyer, Shafee Abdullah, sought to establish that there was no evidence to show the instructions had come from Najib himself.
Shafee: Do you agree no instructions came from Najib?
Aida: As far as MACC is concerned, there was, when Najib was the prime minister, as outlined in the note prepared by Low.
Shafee: What about the decision to classify the 1MDB investigation as (requiring) “no further action”?
Aida: That came from then attorney-general Apandi Ali.
Shafee: You earlier said it was an instruction from Najib?
Aida: Through Amhari, an officer of Najib.
Shafee: You are the investigating officer, but you are talking as if you are in a coffee shop.
Aida: This is not a coffee shop. There is no direct evidence but my comprehensive investigation revealed there was (an instruction from Najib).
Trial judge Collin Lawrence Sequerah then told Shafee to leave the matter for submissions, saying the witness was maintaining her stand.
In its opening statement, the prosecution claimed that Najib had been in cahoots with Low to steal millions of ringgit from 1MDB. It also described Low as Najib’s mirror image.
During examination-in-chief, Aida had said senior deputy public prosecutor Dzulkifli Ahmad had been appointed as the anti-graft agency’s chief commissioner in July 2016, replacing Abu Kassim Mohamed.
At the time, MACC’s investigations into the 1MDB and the SRC International corruption cases came to a halt although the anti-graft body’s oversight committee said the probes should continue.
In July 2015, a special task force comprising officers from the Attorney-General’s Chambers (AGC), MACC, Bukit Aman federal police headquarters and Bank Negara Malaysia (BNM) began a probe as reports emerged that large amounts of money had been remitted from overseas into Najib’s private accounts.
In January 2016, Apandi cleared Najib of any criminal activity involving the entry of RM2.6 billion in 1MDB-linked funds and RM42 million originating from SRC International Sdn Bhd into his personal bank accounts.
Apandi, who replaced Abdul Gani Patail as attorney-general, announced that he had thoroughly studied the papers submitted to him by MACC and ordered the cases closed.
Najib was eventually charged with corruption and abuse of power in 2018 after Pakatan Harapan came to power in the 14th general election.
He is facing 25 charges of abuse of power and money laundering over RM2.28 billion of 1MDB funds deposited into his AmBank accounts between February 2011 and December 2014.
The hearing continues.