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Wednesday, August 28, 2019

NAJIB 1MDB TRIAL - Day 1: Two more 1MDB witnesses ready, one down with H1N1



1MDB TRIAL | The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and money laundering of 1MDB funds begins today at the Kuala Lumpur High Court.
Malaysiakini brings you live reports of the proceedings.

KEY HIGHLIGHTS
  • Two more witnesses ready, one down with H1N1
  • 'Najib received RM1m special payment upon stepping down'
  • Prosecution aims to prove that Najib interfered with 1MDB probe
  • 21 Amla charges will be proved through direct, circumstantial evidence
  • 'Najib was the mirror image of Jho Low'
  • 'Ex-PM abused his power to obtain gratification for himself'
  • 'Najib was the plenipotentiary of 1MDB'
  • 'Trial may be declared null if appeals against Sri Ram succeed'
  • 1MDB trial kicks off
  • Najib's defence team

Two more witnesses ready, one down with H1N1
11.48am - As proceedings resume from the short break, Gopal Sri Ram informs the court that the prosecution has two more witnesses ready to testify today.
The lead prosecutor says that there were supposed to be three, but one is down with the H1N1 influenza virus.
The trial then resumes with the third prosecution witness, Farah Nurdiana Azhar, an officer attached to the MP Affairs Division of Parliament.

'Najib received RM1m special payment upon stepping down'
11.15am - Second prosecution witness Natasha Rahimah Haryati Mohamad (photo), an accountant with the Finance Division of the Prime Minister's Department, confirms that Najib Abdul Razak received an RM1 million special payment when he stepped down as prime minister last year.
She says this during examination-in-chief by deputy public prosecutor Ahmad Akram Gharib.
"In May 2018, there was special payment set under the retirement act for MPs (Members of Parliament Remuneration Act 1980), where there was special payment of RM1 million qualified to be paid once when the prime minister retires," she says.
The second witness is then released from the stand following a brief cross-examination by lead defence counsel Muhammad Shafee Abdullah.
Kuala Lumpur High Court judge Collin Lawrence Sequerah then allows a brief break in proceedings.

Second witness takes the stand
11am - Lead defence counsel Muhammad Shafee Abdullah ends his brief cross-examination of deputy cabinet secretary Farizah Ahmad after asking her if she was aware of Najib Abdul Razak's other positions in statutory bodies.
Deputy public prosecutor Ahmad Akram Gharib then asks for the second prosecution witness, Natasha Rahimah Haryati Mohamad, to take the stand.
Natasha Rahimah is an accountant in the Finance Division of the Prime Minister's Department.

First witness takes the stand
10.58am - The prosecution wraps up its examination-in-chief of first witness Farizah Ahmad.
Lead defence counsel Muhammad Shafee Abdullah then begins cross-examining the witness.
10.35am - The first prosecution witness, Farizah Ahmad, takes the stand for examination-in-chief by deputy public prosecutor Ahmad Akram after lead prosecutor Gopal Sri Ram wraps up his opening statement.
Farizah, the deputy cabinet secretary, then answers questions on Najib's appointment defence minister, and later as finance minister and prime minister. 

Prosecution aims to prove that Najib interfered with 1MDB probe
10.30am - Concluding his opening statement, lead prosecutor Gopal Sri Ram tells the court that it will be established that former prime minister Najib Abdul Razak and businessperson Low Taek Jho had taken steps to cover their tracks in the 1MDB case.
The prosecution will also produce evidence to show that Najib had taken steps to evade justice, and interfered with investigations into the state investment firm.


"After the 1MDB scandal broke in early July 2015, the accused with his mirror image Low took steps to cover his tracks. 
"Sham documents were produced to pretend a donation from an Arab prince. Among these were letters and four cheques each for a sum of US$25 million (RM105.2 million) purportedly written out by a person said to be the Arab donor. 
"But these cheques were never meant to be cashed and were never cashed.
"The prosecution will also produce evidence to show that the accused took active steps to evade justice. 
"He interfered with the course of the investigation of this case, which has come to be known as the 1MDB scandal. He took active steps to effect a cover-up of his criminal acts. 
"The prosecution will rely on all this evidence to show that the accused had the requisite mens rea when the offences with which he is charged were committed," says Sri Ram.

21 Amla charges will be proved through direct, circumstantial evidence
10.20am - The prosecution will attempt to establish that Najib Abdul Razak is guilty of the 21 money laundering charges against him through direct and circumstantial evidence, the court hears.
Lead prosecutor Gopal Sri Ram says it will be shown that in all circumstances of the case, Najib had committed the offence, which is against Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

'Najib was the mirror image of Jho Low'
10.15am - The prosecution tells the court that it aims to prove that businessperson Low Taek Jho was the "mirror image" of former prime minister Najib Abdul Razak when it came to 1MDB.
Lead prosecutor Gopal Sri Ram says in his opening statement that Low began to be involved in 1MDB when it was still known as the Terengganu Investment Authority.
"The prosecution will prove that the accused, by his words and conduct, made it clear to 1MDB’s officers, its board and others that Low was his alter ego.
"In truth, Low was the accused’s mirror image. 
"The prosecution will establish facts which will give rise to an irresistible inference that Low and the accused acted as one at all material times," he says.
Sri Ram adds that an elaborate "charade" was employed in the 1MDB case, with Low featuring as a prominent character.
While this "charade" played out in four phases involving several characters, he says, Najib was the one who played a pivotal role with the objective of enriching himself.
"Although this case concerns four phases, the events in respect of them are to be considered as part of a consecutive story because of the pre-arranged plan by the accused to enrich himself."

'Ex-PM abused his power to obtain gratification for himself'
10.10am - Najib Abdul Razak abused his positions to exert influence on the board of 1MDB, lead prosecutor Gopal Sri Ram (photo) says in his opening statement.
Besides being the prime minister and finance minister at the time, Najib also chaired 1MDB's board of advisers.
Sri Ram says that Najib exerted this influence to make 1MDB carry out "certain abnormal transactions with undue haste."
"The ultimate aim of the accused was to obtain gratification for himself," he tells the court. "He succeeded in achieving that aim."

'Najib was the plenipotentiary of 1MDB'
10.08am - In his opening statement, Gopal Sri Ram says that the prosecution will attempt to prove that former premier Najib Abdul Razak (photo) was the plenipotentiary of 1MDB.
The deputy public prosecutor states that Najib was instrumental in amending articles of the company, which then allowed him full control over its affairs.
The former premier, he adds, also played a part in changing the name of the Terengganu Investment Authority to 1MDB.
"In short, he was its plenipotentiary."

'Trial may be declared null if appeals against Sri Ram succeed'
10.05am - Before lead prosecutor Gopal Sri Ram can kick off the hearing with his opening statement, Muhammad Shafee Abdullah (photo) requests to make his own.
The lead defence counsel tells the court about the appeals – from both Najib Abdul Razak and himself – against the appointment of Sri Ram as a deputy public prosecutor in 1MDB-related cases.
He points out that on Monday, the Court of Appeal granted leave for a judicial review to be heard by the Kuala Lumpur High Court.
Shafee clarifies that he is not applying for the 1MDB hearing to be further postponed, but only that he wants it on record that the trial may be nullified or the accused acquited if Sri Ram's appointment is found to be unlawful.
Sri Ram, a former Federal Court judge, says that the prosecution has a different opinion on the matter, and that the trial can start.
He is then allowed to continue, and begins reading out his statement.

1MDB trial kicks off
9.53am - Justice Collin Lawrence Sequerah (photo) enters the court, marking the start of the much anticipated 1MDB trial against former premier Najib Abdul Razak.
Lead prosecutor Gopal Sri Ram begins by reading out the names of counsels from both parties who will be involved in the trial.
9.50am - The accused enters the dock.

Najib's defence team
9.40am - The lawyers who will be defending former premier Najib Abdul Razak in the trial include:
  • Muhammad Shafee Abdullah
  • Tania Scivetti
  • Al Firdaus Shahrul Naing
  • Syazwani Zawawi
  • Nur Fazreen Hazrina Rahim
  • Wan Aizuddin Wan Mohammed
  • Rahmat Hazlan
  • Muhammad Farhan Shafee
  • S Mardhiyah
  • T Chelvakumar
  • Syahirah Hanapiah
  • Zahria Eleena Redza

Najib enters the court
9.32am - Former prime minister Najib Abdul Razak enters the court and takes a seat in the front row of the public gallery.

Lead prosecutor Gopal Sri Ram is expected to read out his opening statement today as former prime minister Najib Abdul Razak stands trial for over 25 counts of power abuse and laundering RM2.28 billion of 1MDB funds.
With the prosecution closing its case in Najib's RM42 million SRC International trial yesterday, the long-awaited 1MDB hearing can now begin before Kuala Lumpur High Court judge Collin Lawrence Sequerah.
After Sri Ram delivers his opening statement, the prosecution is expected to call on at least two of six formal witnesses, some of whom also testified in the SRC International trial.
This is due to both the 1MDB and SRC International cases sharing the same money trail – especially in terms of Najib's personal AmBank accounts allegedly linked to the RM2.28 billion.
The 1MDB matter involves the largest set of charges against Najib.
He is charged on four counts of obtaining RM2.28 billion from 1MDB. The remaining 21 charges are for money laundering via receiving, spending and returning the RM2.08 billion donation (as it was valued at the time) from Tanore Finance Corporation.
- Mkini

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