00:00Former 1MDB CEO Shahrol Azrael Ibrahim Halmi was repeatedly challenged in court today after
00:06responding no comment during cross-examination in 1MDB's US$5.64 billion civil suit.
00:13Senior Counsel GK Ganesan, representing former 1MDB Investment Director Kelvin Tan, the seventh
00:19defendant, asked Judicial Commissioner Radzwan Idris to direct Shahrol to answer questions from
00:24the defense. Ganesan argued that Shahrol, 56, could not repeatedly refuse to answer
00:29while giving evidence as the fourth plaintiff witness in the case. The issue had earlier
00:34surfaced during questioning by lawyer Shafi Abdullah, who represents former Prime Minister Najib Razak,
00:39over a RM5 billion bond issued by Terengganu Investment Authority, Berhad. Shahrol had alleged
00:45the bond was issued on Najib's instructions but responded no comment when questioned further.
00:51Ganesan argued that under the Evidence Act 1950, a witness must answer questions even if the response
00:57could expose them to civil or criminal liability. He also cited provisions allowing questions to test
01:03credibility and courts to draw inferences from unanswered questions. The application was supported
01:10by Shahfi. Radzwan said the court could make the necessary inference if a witness refused to answer
01:16after being directed to do so. Radzwan also questioned why the issue was not raised earlier by lawyers who had
01:22cross-examined Shahrol, adding that the plaintiff's counsel should have assisted or guided its witness
01:28to answer. The civil suit was filed by 1MDB and its subsidiaries in 2021, seeking to recover 5.64 billion
01:36US dollars over alleged breach of trust, breach of statutory duty, abuse of power and conspiracy to
01:43misappropriate funds. The defendants originally included Najib, former 1MDB officials and other individuals,
01:50reports, although 1MDB has since dropped its suit against former Chief Financial Officer Radhi Mohamad
01:55and removed former General Counsel Jasmine Liu from the case.
02:00Jessalyn Kaur, FMT
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