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Wednesday, May 15, 2019

NAJIB TRIAL - Day 18: 'Letter of guarantee backdated as it was being prepared with loan facility'



The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 18th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.

Summary of Najib’s SRC RM42 million case

Najib is facing 7 charges relating to RM42m involving SRC International, a former 1MDB subsidiary.

KEY HIGHLIGHTS
  • 'Letter of guarantee backdated due to preparation with loan facility'

'Letter of guarantee backdated as it was being prepared with loan facility'
9.20am - Witness Azlida Mazni Arshad agrees that a letter of guarantee from the Finance Ministry was backdated prior to the ministry informing the Retirement Fund Incorporated (KWAP) of the impending document, as it was being prepared together with a syariah-compliant loan facility for the RM2 billion loan to SRC International in March 2012.
Azlida is vice-president of legal and secretarial affairs for the civil servant retirement fund.
Yesterday, she testified that the Finance Ministry had sent a letter to KWAP dated Mar 28, 2012, informing the retirement fund that a letter of guarantee for the SRC International loan would be delivered 10 days later from the date of the letter.
The subsequent letter of guarantee was dated March 27, 2012.
During cross-examination by defence counsel Harvinderjit Singh today, Azlida agrees with his question that the letter of guarantee's date is the same as that of the asset sale agreement and asset purchase agreement related to the syariah-compliant loan facility to SRC International.
Harvinderjit: The dating of the letter of guarantee is the same as that of asset sale agreement and asset purchase agreement of Mar 27, 2012. The three were all stamped and more likely done together?
Azlida: Yes.

9.11am Najib Abdul Razak enters the dock as judge Mohd Nazlan Mohd Ghazali enter court to begin proceedings.
Lawyer Harvinderjit Singh resumes his cross-examination of 35th witness Azlida Mazni Arshad.

9am - Clad in a cream-coloured suit, accused Najib Abdul Razak comes into court and takes a seat in the front row of the public gallery while awaiting for proceedings to begin.
Also seen at the front of court are members of Najib's defence team, as well as Attorney-General Tommy Thomas and other members of the prosecution.
Najib's lead counsel Muhammad Shafee Abdullah is seen entering court a short while later.

As Najib Abdul Razak’s RM42 million SRC International trial enters its 18th day today, the decision-making process that led to Retirement Fund Incorporated’s (KWAP) approval of a total RM4 billion in loans to SRC International has come to the forefront.
With proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali to start at 9am, KWAP vice-president of legal and secretarial affairs Azlida Mazni Arshad will be further cross-examined by the former prime minister’s defence team.
Of added interest is that Najib’s defence team adopting a tactic of trying to disassociate their client from KWAP’s decision making process on approving the RM4 billion loans, split into two tranches of RM2 billion in Aug 2011 and RM2 billion in March 2012.
Yesterday through a series of questions, lawyer Harvinderjit Singh elicited agreement from the 35th witness that KWAP’s investment panel did not need the approval of cabinet members to make a decision, is not bound by the cabinet, and that it is not allowed to lend money unless it is satisfied that the fund would make money off the loan.
Under cross-examination, Azlida also agreed that the panel did not minute any instructions from then prime minister Najib to approve a RM3.95 billion loan to SRC International, that the panel deferred its decision which suggested that it was not rushed into a decision, and that Najib’s handwritten note which appeared on SRC International’s proposed RM3.95 billion loan did not amount to an instruction.
Previously during examination-in-chief by the prosecution, Azlida testified that Najib had urged KWAP's chairperson Wan Abdul Aziz Wan Abdullah to expedite SRC International's proposal for an RM3.95 billion loan from the fund.
The panel eventually greenlighted a loan for RM2 billion after securing a government guarantee in 2011.

-Mkini

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