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Friday, August 9, 2019

NAJIB TRIAL - Day 51: Judge warns Najib against making potentially contemptuous online posts


The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 51st 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
  • Judge warns Najib against making potentially contemptuous online posts
  • MACC roped in former AmBank manager to help mark Blackberry chats
  • MACC officer received Najib's salary slips for 2011 to 2018
  • KWAP could only provide copies for some documents - MACC officer
  • Recalled Bank Negara analyst wraps up brief testimony
  • MACC couldn’t get original minutes of 2011 Nik Faisal-Najib meeting
  • MACC can't get original board meeting minutes as ex-director ran away - Rosli
  • Five witnesses have died since MACC launched probe
  • Over 1,000 documents acquired by MACC in probe

Thank you for following Malaysiakini's live report
5.40pm - Thank you for following our live report today.

List of the SRC International case witnesses who passed away
5.20pm: During today's proceedings, MACC investigating officer Rosli Hussain revealed that five witnesses in the SRC International case have died since the probe was launched in 2015.
However, it was not specified who they were and their links to the case, except for Azlin Alias whom Rosli identified as chief private secretary to former prime minister Najib Abdul Razak.
Malaysiakini’s checks with the authorities found that the other four are:
  • Former director-general of Economic Planning Unit Noriyah Ahmad
  • KWAP fixed-income director Ahmad Norhisham Hassan
  • Penang Umno liaison committee chairperson Zainal Abidin Osman
  • Najib's political secretary Khairun Aseh’s driver, Izzad Izzairi Osman
Malaysiakini learned that Azlin and Ahmad Norhisham are considered as important witnesses for the case.

Judge warns Najib against making potentially contemptuous online posts
5.09pm: Former prime minister Najib Abdul Razak is warned to get legal advice before making any online postings to avoid contempt of court.
This advice is given by Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.
The judge issues the stern advice after being informed by DPP V Sithambaram that the prosecution is retracting its application to compel Najib (photo, above) to apologise over two purportedly sub-judicial Facebook posts in relation to the ongoing trial.
Najib's lead counsel Muhammad Shafee Abdullah also tells the court that the defence is also withdrawing its application to strike out the prosecution's bid for apology.
"The posting and comments on the evidence presented in court, especially by the accused, is something bordering on contempt in my view.
"In future, anyone wishing to make such posting is advised to get legal counsel before taking action (online posting). Certain things (online posts) may run afoul of the law," Nazlan reminds Najib as the accused sits in the dock.
Proceedings will resume at 2pm next Tuesday.

MACC roped in former AmBank manager to help mark Blackberry chats
5pm - The court hears from MACC officer Rosli Hussain that the SRC International case investigators had roped in former AmBank relationship manager Joanna Yu earlier this year to help identify Blackberry Messenger chats between her team and another group as per the court's order.
The other group includes 1MDB-linked businessperson Jho Low, former SRC International CEO Nik Faisal Ariff Kamil, former 1MDB CEO Shahrul Azral Ibrahim Halmi, former SRC International director Terence Geh, former Putrajaya Perdana Bhd director Jerome Lee, and former Ihsan Perdana Sdn Bhd managing director Dr Shamsul Anwar Sulaiman.
Rosli testifies that they called in Yu (photo, above) to help identify the chats on May 23 and 30, following a request by Bank Negara Malaysia digital forensics analyst Shuzairizman Shuib for assistance to fulfil the court order.

MACC officer received Najib's salary slips for 2011 to 2018
4.51pm: MACC investigating officer Rosli Hussain received salary slips for former prime minister Najib Abdul Razak on Jan 29 in the probe into SRC International.
The 57th witness confirms this during examination-in-chief by DPP Ishak Mohd Yusoff.
Rosli says he received the documents from Nordiana Ashar, of the Parliamentary Unit.
The salary slips are for the years 2011 to 2018.

KWAP could only provide copies for some documents - MACC officer
4.30pm - The proceedings continue to see MACC investigating officer Rosli Hussain identifying bundles of documents that were seized by the commission in the course of their probe into SRC International in 2015.
During this, the court hears that some of the documents that MACC investigators acquired from Retirement Fund Incorporated (KWAP) were only copies of the original.
Rosli testifies that in these cases, he had instructed his officers to get the original from KWAP, but were told that KWAP only kept the copies of the documents.
However, the witness and DPP Ishak Yusoff did not mention specifically what these documents are during the examination-in-chief.

MACC IO returns to witness stand, identifies documents seized for probe
3.40pm - The prosecution calls its 57th witness, Rosli Hussain, who is MACC investigating officer in charge of SRC International case.
Examination-in-chief by DPP Ishak Yusof continues with Rosli identifying documents seized by MACC investigators from several individuals and organisations, including Ihsan Perdana Sdn Bhd and Retirement Fund Incorporated.

Recalled Bank Negara analyst wraps up brief testimony
3.38pm - Shuzairizman Shuib, who is Bank Negara digital forensics analyst, wraps up the brief testimony when he is recalled today.
During the brief testimony and under questioning from DPP Mohd Ashrof Asrin Kamarul and defence lawyer Harvinderjit Singh, the 46th witness, confirms the records of chat logs extracted from electronic devices seized from a Bank Negara raid on AmBank Jalan Raja Chulan branch on July 6, 2015.
During the raid, Shuzairizman (photo, above) confirms that a Blackberry phone was seized from then Ambank relationship manager Joanna Yu, among others.

3.10pm - Hearing resumes with prosecution recalling 46th prosecution witness, Shuzairizman Shuib, who is Bank Negara digital forensics analyst.

12.29pm - "3pm, no break."
This single line by Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali elicits chuckles from those in court.
The judge is responding to an application by DPP Ishak Mohd Yusoff to break early for lunch and Friday prayer.
Proceedings will resume at 3pm this afternoon, with continuing examination-in-chief of 57th witness, MACC investigating officer Rosli Hussain.

MACC couldn’t get original minutes of 2011 Nik Faisal-Najib meeting
12.20pm - The court hears from MACC investigating officer Rosli Hussain that investigators for the SRC International case could not get the original meeting minutes between the company's former CEO Nik Faisal Ariff Kamil and then prime minister Najib Abdul Razak, which purportedly took place on Sept 7, 2011.
He says this was the case as the original minutes was not among the documents contained in the company secretary's books seized by MACC, while they could not refer the document to Nik Faisal as he had absconded overseas.
According to Rosli, investigators received the document from Ismee Ismail (photo, above), who is a former chairperson of SRC International board of directors when he came to MACC headquarters for statement recording on May 10 this year.
He says Ismee also could not provide the original meeting minutes.
For the record, the meeting minutes between Najib and Nik Faisal was incorporated into in the minutes of an SRC International board of directors meeting on Sept 13, 2011.

12.04pm - Proceedings resume.
11.45am - The court goes into a short break.

MACC can't get original board meeting minutes as ex-director ran away - Rosli
11.35am - MACC investigating officer Rosli Hussain tells the court that investigators received minutes for three SRC International board of directors meetings in 2015 from its former chairperson Ismee Ismail on July 18 last year.
They, however, could not get the original copies of the documents as Ismee did not keep it. Attempts to get it from SRC International's company secretary Chee Suwen was also futile as she was no longer serving the company and had handed over all the documents back to the company.
Rosli testifies that checks on the photocopies of the documents revealed that meeting minutes were recorded by then SRC International director, Terence Geh.
"But because Terence Geh has ran away and cannot be located, I could not get the original copies (from him)," says the witness.
MACC checks at the company's premises also could not locate the original documents.

11.20am - Clad in light blue, Najib's daughter Nooryana Najwa (photo, above) is seen sitting in the front row, right behind the dock where her father is sitting.

Five witnesses have died since MACC launched probe
11.05am - The court hears from MACC investigating officer Rosli Hussain that since the commission launched the investigation into SRC International in 2015, five of his witnesses have died.
He named them as Azlin Alias, Noriyah Ahmad, Zainal Abidin Osman, Ahmad Norhisham Hassan, and Izzad Izzairi Osman.

Over 1,000 documents acquired by MACC in probe
11am - The court hears from MACC investigating officer Rosli Hussain that his team acquired and studied over 1,000 documents in their probe into SRC International.
According to Rosli, these documents were acquired from the Finance Ministry, financial institutions, Retirement Fund Inc (KWAP), SRC International, Gandingan Mentari, Ihsan Perdana, and many others.
Rosli (right in photo) testifies that the probe was launched following a report lodged by officer Prem Raj from the MACC Accounting Forensics Division on July 3, 2015.
The probe was carried out under provisions in the MACC Act 2009, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and the Penal Code.
Rosli tells the court he was assisted by officers from MACC Special Operations Division, Forensics Accounting Division, Investigation Division and officers from its state offices in the peninsula.

10.51am - The 57th prosecution witness, MACC investigating officer Rosli Hussain, takes his seat in the witness stand.
10.48am - Former prime minister Najib Abdul Razak enters the dock as proceedings begin.
Seated at the front are V Sithambaram and other deputy public prosecutors, as well as lead counsel Muhammad Shafee Abdullah and other members of the defence.
Lawyer Syed Iskandar Syed Jaafar al Mahdzar, who is holding a watching brief for the Bar Council, is also present, as is former Pahang menteri besar Adnan Yaakob.

The prosecution stage of Najib Abdul Razak’s SRC International trial is nearing its end, with one possible final witness set to testify on the 51st day of the hearing before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.
The witness, an MACC investigating officer, is expected to give oral evidence regarding the probe into the alleged abuse of power, criminal breach of trust and money laundering involving RM42 million from SRC International, a former subsidiary of 1MDB.
But the officer may not be the last person to take the stand if the defence team opts to call in a former minister.
Yesterday, lead defence counsel Muhammad Shafee Abdullah said that this former minister may be called in to give oral evidence on an alleged text message that threatened to expose Najib.
During cross-examination yesterday, Shafee asked former second finance minister Ahmad Husni Hanadzlah whether he had sent such a message to his former cabinet colleague. 
Husni told the court that he could not remember doing so.
 - Mkini

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