KUALA LUMPUR, July 26 — Former 1Malaysia Development Berhad (1MDB) general counsel Jasmine Loo is still under investigation by Malaysia’s authorities and the prosecution has yet to decide if she will be called in as a witness to testify against former prime minister Datuk Seri Najib Razak in the 1MDB trial, the High Court heard today.

Today is the 164th day of Najib’s trial over the misappropriation of RM2.28 billion of 1MDB’s funds which were said to have gone into his personal bank accounts.

Deputy public prosecutor Ahmad Akram Gharib today disputed Najib’s legal team’s claim that Loo had surrendered to the authorities, saying that the prosecution is not aware as of now whether she had surrendered herself or if she was arrested.

"However, I can confirm she is in the custody of the Malaysian authorities at the moment, the police. She is still in the hands of the investigators, I’m sure statements are being recorded from her at the moment.

"However, up to date, until now, we AGC, public prosecutor, has not received any investigation outcome or statements from her yet. We haven’t been referred to any statements taken from her yet, so therefore I can’t make a position now whether this prosecution team is going to call her or not in this trial or not, that is our stand at the moment.”

Akram said he would seek instructions once the AGC receives the outcome of the investigation on Loo and inform the High Court whether Loo would be called as a witness or not in this 1MDB trial.

Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah today informed the High Court that his client’s instruction was to ask about Loo’s status in this trial, noting that she was reported to have "surrendered” and is expected to be undergoing investigation by various agencies.

"As Yang Arif can appreciate from the nature of the cross-examination that we have made to almost all the witnesses, particularly witnesses from 1MDB, she is definitely as far as the defence is concerned, a highly relevant witness, perhaps second to Jho Low.

"So I would like to place it on record to ask the position the prosecution would be taking, whether Jasmine Loo is going to be called as a witness or at least offered as a witness.

"This is important for us to know now, not only for the sake of the defence and my client, but I think it is also highly relevant for the general public to know the position of Jasmine Loo because a lot of money has been spent to bring her in as a witness,” he said.

Shafee later insisted that the prosecution must call her in as a prosecution witness or at least offer Loo as a witness that Najib can call as a defence witness.

Datuk Collin Lawrence Sequerah, the trial judge in this case, then informed the courtroom that Loo was previously in the same law firm many years ago.

"On my part, since this issue of Jasmine Loo is being raised, I think it’s appropriate at this juncture, although it may be a bit premature whether she is going to be called or not or offered, but since the issue has been raised, I will just disclose to parties that the said individual and myself were partners formerly in a legal firm but as far as the connection goes, there was no other.

"This is when we were in practice, I will say no more about it at this juncture,” the judge said, confirming to Shafee that this was in a medium to big-sized firm.

"This was many years back also, I cannot remember, maybe 10 years or 15 years, I can’t remember exact years,” he said, adding that Loo had later left the law firm.

Loo was reported to have been arrested this month, with her lawyers saying that she had surrendered herself after spending years away from Malaysia and intending to help Malaysia recover 1MDB assets.

Shafee raised the issue of Loo before he resumed cross-examining the 44th prosecution witness, former BSI banker Kevin Michael Swampillai.

The 1MDB trial had only started in the afternoon, even as Najib, Swampillai and lawyers from both sides sat waiting in the courtroom in the morning for the cross-examination by Shafee.

Shafee was not seen in the courtroom in the morning, and only appeared in the courtroom when the trial resumed in the afternoon, saying to the judge that he wished to "profusely apologise” for his earlier absence which he said was "based on the fact that I have a massive headache this morning for the reasons which I have already informed Yang Arif and I thank Yang Arif for being understanding about it”.

The dark-suited Najib who was sporting a tie was seen sitting inside the packed courtroom while waiting for the trial to start in the morning and in the afternoon.

While waiting for the trial to start in the morning and in the afternoon, Najib’s yellow-clad wife Datin Seri Rosmah Mansor was seen sitting right next to him in the public gallery in the courtroom, while surrounded by prison officers and the police.

Former Bank Negara Malaysia governor Tan Seri Zeti Akhtar Aziz, who has yet to testify in this trial, was this afternoon spotted entering the court complex here to stand by as a prosecution witness if cross-examination of Swampillai ends early.

The lawyers representing Bank Negara Malaysia in holding a watching brief this afternoon in the 1MDB trial are G. Rajasingam, Nik Azila Shuhada Nik Abdullah, Justin Tong Wei Hang and Ong Tze Xian.

Najib’s 1MDB trial will resume tomorrow, with Shafee saying he will continue and complete his cross-examination of Swampillai in the morning.