KUALA LUMPUR, Sept 19 — The High Court cannot accept what witnesses heard from others about what Malaysian fugitive Low Taek Jho had purportedly said, as these are allegedly...
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Shafee listed these prosecution witnesses as including Najib’s former aide Datuk Amhari Efendi Nazaruddin, former 1MDB senior officials Datuk Shahrol Azral Ibrahim Halmi, Mohd Hazem Abd Rahman, Azmi Tahir and Jasmine Loo. Under the Section 32 exception, written or verbal statements of relevant facts made by persons in various categories — such as those who are dead or cannot be found or whose attendance in court as witness cannot be procured without unreasonable delay or expense — would be considered relevant facts under the law, when the statement was made by such persons in the ordinary course of business.
Shafee today argued that hearsay should not be court evidence as the original person — who allegedly spoke to witnesses — cannot be tested in court on whether they told lies and their character cannot be assessed; as repetition of hearsay distorts the truth; as there is potential for fraud, fabrication of evidence; and as the court’s function is not to listen to idle rumours.
Shafee said however that the court is unable to assess Low’s demeanour in court to see whether his face changed colour or if he stuttered for example, as he has not been brought to court.
Jho Low Najib Razak Trial Shafee Abdullah
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