KUALA LUMPUR, March 4 — A Malaysian Anti-Corruption Commission (MACC) investigator told the High Court today that it was unable to record a direct statement from the "mysterious” Saudi prince in November 2015, as the latter enjoyed a degree of "sovereign immunity”.

Testifying as the 10th defence witness in Datuk Seri Najib Razak’s RM42 million SRC International Sdn Bhd corruption trial today, Fikri Ab Rahim said he was informed that the man named as Prince Saud Abdulaziz Al-Saud, however, agreed to grant the authorities an interview, insisting on the condition it be done through an appointed representative of the prince’s choosing.

Under examination-in-chief by Najib’s defence lawyer Tan Sri Muhammad Shafee Abdullah, Fikri affirmed this was the case when MACC sought to verify the four donation letters purportedly signed by "Prince Saud” and addressed to Najib dated between February 1, 2011 and June 1, 2014.

Fikri later confirmed the prince’s representative was an individual from a legal background named Mohamad Abdullah Al-Koman who reminded them of the "protocols” and "immunity” which Saud was accorded with.

"The statement was recorded on November 29, 2015 a day after we flew into Riyadh, Saudi Arabia.

"We could not simply ask questions [to Saud] and must maintain a distance with him.

"We were informed later that the Saudi prince has immunity and therefore we cannot take his statement directly, but he had agreed to give his statement through an appointed representative,” he said.

Fikri also pointed out Saud showed his passport to the MACC officers present for identification purpose but disallowed photocopies to be made, again citing the "sovereign immunity” as the reason.

It was previously made known in court that a team of MACC officers — Mohd Hafaz Nazar, Mohd Nasharudin Amir and Fikri, former MACC Chief Commissioner Tan Sri Dzulkifli Ahmad, MACC Deputy Commissioner (Operations) Datuk Seri Azam Baki and himself — were in Riyadh, Saudi Arabia in late November 2015.

At the time, Dzulkifli was a deputy public prosecutor attached to the Attorney General’s Chambers. He was appointed the MACC chief commissioner in August 2016.

On the meeting, Fikir also confirmed to court the presence of Eric Tan Kim Loong and MIC legal advisor Datuk Selva Mookiah at the Palace of King Abdulaziz in Riyadh.

Tan is known to be a close associate of fugitive businessman Low Taek Jho or Jho Low and is currently wanted for arrest under Interpol’s Red Notice.

He has been described in news reports as Jho Low’s most trusted aide and had acted as his proxy in multiple financial transactions involving 1MDB money.

Fikri also said the statement recording session lasted about 20 minutes, with his colleague Hafaz and Mohamad Abdullah present in the interviewing room.

When asked by Muhammad Shafee why the prince had not signed the statement as it was signed on behalf by Mohamad Abdullah, Fikri again cited ‘sovereign immunity’ as the reason.

Datuk Seri Najib Razak arrives at the Kuala Lumpur Court Complex March 4, 2020. ― Picture by Shafwan Zaidon

No follow-up questions asked

Under cross-examination by ad hoc prosecutor Datuk V. Sithambaram, Fikri also confirmed that no follow-up questions were posed to the Saudi royal after the interview session concluded.

Sithambaram: Usually, after a statement has been taken, there are follow-up questions asked to better understand the statement provided?

Fikri: Correct.

Sithambaram: But in this case, no questions were asked on the statement that was taken?

Fikri: Correct.

He also said he could not ascertain Saud’s true identity by way of catching a glance of the passport that was shown to MACC officers.

Sithambaram: So if it’s a fake passport, you wouldn’t know?

Fikri: Correct.

Najib is on trial over seven charges related to SRC International Sdn Bhd.

Three are for criminal breach of trust over a total RM42 million of SRC International funds while entrusted with its control as the prime minister and finance minister then, three more are for laundering the RM42 million, and the last is for abusing the same positions for self-gratification of the same sum.