KUALA LUMPUR: Malaysian Anti-Corruption Commission (MACC) Chief Commissioner Latheefa Koya told the High Court today that she could not confirm whether nine recordings involving high ranking officers that were revealed to the public in January were a result of MACC’s interception.
The audio recordings which were revealed during a press conference by MACC on Jan 8, allegedly involved the leakage of information from the Attorney-General’s Chambers to former prime minister, Datuk Seri Najib Abdul Razak and recordings of several other phone conversations in connection with 1Malaysia Development Berhad (1MDB) and SRC International Sdn Bhd scandals.
Besides Najib, the conversations allegedly involved his wife, Datin Seri Rosmah Mansor, former MACC chief commissioner Tan Sri Dzulkifli Ahmad, Baling MP Datuk Seri Abdul Azeez Abdul Rahim and several other high-profile individuals.
Latheefa, 47, who was subpoenaed by the defence to testify on the authenticity of the recordings claimed it was sent anonymously in an envelope containing nine thumb drives with a piece of paper describing its content. The thumb drives contained audio, which Latheefa described as “very clear recording”.
The 13th defence witness said this during an examination-in-chief by Najib’s lead defence counsel Tan Sri Muhammad Shafee Abdullah on the 88th day of the trial of Najib over alleged misappropriation of RM42 million in SRC International funds.
Muhammad Shafee: Until now, is there any process to authenticate (the audio recordings)?
Latheefa: We handed over the recording to the police and they are investigating. I think they have handed over to the cybersecurity. MACC is also investigating, we opened files under Section 23 of the 2009 MACC Act.
When questioned by Muhammad Shafee on what transpired her to go public with the recordings, Latheefa said the main basis is the shocking revelation of cover ups and potential acts of trying to fabricate evidence.
“There is no such requirement (to withhold) when it involves public interest. This is not the first time when it involves public interests (that) we shared with the public,” she said while citing the Sabah water scandal.
Muhammad Shafee then questioned Latheefa on the legality of the interception of the audio recording.
Muhammad Shafee: I’m asking you is this the product of lawful interception by MACC?
Latheefa: I am unable to determine it.
Muhammad Shafee: Do you agree that the (police) Special Branch (SB) has the similar (lawful interception) facility?
Latheefa: Yes. So does the military.
Muhammad Shafee: You forgot the Malaysian Communications and Multimedia Commission (MCMC). They can intercept you as well. There’s four agencies that can intercept you.
The counsel also questioned Latheefa’s move to disclose the recordings to the public, asserting that the commission could have investigated the recordings first before going public.
“It is not either or. The nature of the content was more important. We could go public and still investigate it,” she replied.
Muhammad Shafee: What do you hope to get from the public (from releasing the tapes)?
Latheefa: That was not the consideration. I do not know how to answer that.
Latheefa is expected to return to the witness stand before Justice Mohd Nazlan Mohd Ghazali on Monday.
Najib was making his defence on seven charges of misappropriating RM42 million in SRC International Sdn Bhd funds, comprising three counts of criminal breach of trust (CBT), three counts of money laundering and one count of abuse of power in relation to the SRC funds. - Bernama
