Peguam tak puas hati bekas CEO 1MDB 15 kali jawab ‘tiada komen’

Former 1MDB CEO Shahrol Azral Ibrahim Halmi repeatedly answered "no comment" when questioned about the RM5 billion bond issuance by the Terengganu Investment Authority. The High Court was informed that Halmi repeatedly refused to give any comment when queried by counsel representing a defendant in a USD5.64 billion civil lawsuit.

Kelvin Tan Kay Jin, counsel for the former head of 1MDB investment, had asked the court to order the 56-year-old, who gave evidence as the fourth plaintive witness, to answer questions despite his repeated refusal. Tan raised this issue after Halmi answered with "no comment" when questioned by Shafee Abdullah, representing Najib Razak, regarding the RM5 billion bond issuance allegedly ordered by Najib.

Yang Arif, possibly for the 15th time, stated "no comment". When asked a question contrary to the interests of the plaintive, he said "no comment". Under Section 132 of the Evidence Act 1950, a witness must answer questions and can assert "I do not agree". Tan also referred to Section 146 of the Evidence Act 1950, which allows questions to be put to a witness to test the accuracy, truth, or credibility of their testimony or to challenge their trustworthiness.

Yang Arif, now as a defendant, noted that they are compelled to hear the testimony of a witness who repeatedly makes this statement, and such answers do not help in clarifying the truth. He also referred to Section 148(2)(c), which permits the court, if considered appropriate, to consider a witness's refusal to answer as indicating the likely outcome of the answer.

Tan humbly requested Halmi to direct the witness to answer the question, stating this was supported by Shafee representing Najib, the first defendant in the lawsuit. Redzuan, who supported this request, said the court would draw inferences if a witness refuses to answer after being directed to do so. He also expressed concern that counsel had not raised this issue earlier, as counsel who had previously cross-examined Halmir did not bring this issue to the court's attention.

The court is puzzled by the fact that counsel did not raise this issue earlier, and the plaintiff's counsel did not assist or direct their witness to answer. 1MDB and its subsidiaries - 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited and Global Diversified Investment Company Limited (formerly known as 1MDB Global Investments Limited) filed the lawsuit on May 7, 2021, naming Najib, former 1MDB financial chief Terrence Geh Choh Heng, former executive chairman Casey Tang Keng Chee, former investment chief Vincent Beng Huat Koh, Tan and former investment chief Nik Faisal Ariff Kamil as defendants.

The lawsuit alleges conspiracy to defraud 1MDB, breach of statutory duties, abuse of power and conspiracy to misappropriate 1MDB funds. The trial is ongoing.