The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 58th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- SRC never reported alleged signature forgeries, says MACC officer
- Rosli rejects defence's suggestion his testimony 'not entirely truthful'
- Witness testifies there was draft charge sheet against Najib in 2015
- Investigation papers in 2015 recommended charges against Nik Faisal
- No other MACC prosecutors went through SRC investigating papers - Rosli
- Rosli Hussain disagrees with Apandi Ali's 2016 statement clearing Najib
- Kevin Morais not involved in SRC case
- Defence attempts to enter media statements as exhibits
- Proceedings begin
SRC never reported alleged signature forgeries, says MACC officer
11.12am - The hearing resumes with the re-examination of MACC IO Rosli Hussain by DPP Suhaimi Ibrahim.
Rosli tells the court that throughout his investigations, SRC never filed any complaint about alleged false signatures belonging to the company's former director Suboh Md Yassin or its former CEO Nik Faisal Ariff Kamil.
“I did not receive complaints from any party with regard to allegations that the signatures were forged...so I did not (see a need) to refer the signatures to a handwriting expert,” says Rosli.
Suhaimi points out that the issue of the pair's signatures being forged had previously been raised during cross-examination. However, Rosli says no formal complaint had been lodged over signature forgeries by SRC or its subsidiary Gandingan Mentari.
Proceedings resume
11.07am - Proceedings resume for the re-examination of Rosli Hussain by the prosecution.
The prosecution seeks to close their case today.
Rosli rejects defence's suggestion his testimony 'not entirely truthful'
10.22am - Rosli Hussain disagrees with lead defence counsel Muhammad Shafee Abdullah’s final suggestion that there have been parts of his testimony in which he is being "not entirely truthful".
“Absolutely not,” says Rosli, before the hearing breaks for 30 minutes to allow the prosecution to prepare for re-examination.
Earlier, Shafee (photo) wrapped up his cross-examination with a series of suggestions linked to businessperson Low Taek.
This included a suggestion that Low went to great lengths to make sure Najib’s credit card and bank statements were not sent to him to which Rosli responds that he is unsure.
Shafee: Do you agree it is impossible that Najib himself would tell the bank, “don't let me know” (about the status of his accounts)?
Rosli: I disagree.
Shafee: Jho Low has ensured that all checks issued from Najib’s account will not bounce. Correct?
Rosli: I am not sure
Shafee further suggests that Najjb personally checked, or instructed his office to check, if any cheques bounced. Rosli agrees because he would have done the same thing.
Rosli also says he doesn't know whether Low has gone through great lengths to ensure Najib did not discover the real status of his accounts.
Witness testifies there was draft charge sheet against Najib in 2015
10.14am - MACC IO Rosli Hussain agrees that there was a draft charge sheet against then prime minister Najib Abdul Razak in 2015.
The 57th witness says this while under cross-examination from lead defence counsel Muhammad Shafee Abdullah.
Shafee: Was there ever a draft charge sheet made against Najib (in 2015)?
Rosli: There had been.
Shafee: To the extent that Sarawak Report and even the then AG Gani Patail said (something similar)?
Rosli: That I do not know.
When Shafee probed further, Rosli says it is normal to draft charge sheets based on findings from MACC probes.
Investigation papers in 2015 recommended charges against Nik Faisal
10.05am - Rosli Hussain testifies during cross-examination that the 2015 investigation paper into the SRC case had recommended charges against SRC International CEO Nik Faisal Ariff Kamil and several other personalities linked to the case.
He says that besides Nik Faisal, the other people the investigation papers recommended to be charged are Ihsan Perdana managing director Shamsul Anwar Sulaiman, Ihsan Perdana finance director Abdul Aziz Ismail and SRC International director Suboh Md Yassin.
Shafee: These recommendations are for the (alleged) offence relating to the transfer of RM27 million, RM5 million and RM10 million (into Najib's accounts between Dec 2014 and Feb 2015)?
Rosli: Yes.
No other MACC prosecutors went through SRC investigating papers - Rosli
10am - MACC investigating officer Rosli Hussain disagrees with Shafee's suggestion that the investigation paper on SRC submitted to Apandi on Dec 31, 2015, had first gone through several MACC prosecutors.
Rosli also says he is unaware whether other prosecutors in the attorney-general's chambers had gone through the investigation papers because it was submitted directly to Apandi.
Shafee: I put it to you that your statement is inaccurate because the investigation papers had gone through several DPPs.
Rosli: In MACC, no (it did not)...in the attorney-general's chambers I don't know
Shafee earlier suggests that Rosli's statement is inaccurate as it goes against convention and he (Shafee) had personally interviewed one of the DPPs from the attorney-general's chambers.
Rosli Hussain disagrees with Apandi Ali's 2016 statement clearing Najib
9.45am - MACC investigating officer Rosli Hussain testifies during cross-examination by lead defence counsel Muhammad Shafee Abdullah that he disagrees with then attorney-general Apandi Ali's (photo) Jan 26, 2016, media statement that there is no evidence to show Najib Abdul Razak gave the approval to transfer money from SRC International to his personal accounts.
Shafee is referring to Apandi's controversial media statement on Jan 26, 2016, which cleared Najib of wrongdoing in the RM2.6 billion donation issue as well as money transfers involving SRC International.
When Shafee asks whether Apandi's decision was final, Rosli, who was the investigating officer in the SRC case then, says even though Apandi made the decision, the MACC can appeal.
Kevin Morais not involved in SRC case
Rosli Hussain testifies that deceased DPP Kevin Morais is not involved in the SRC International investigation in 2015.
The 57th witness says this during cross-examination by Muhammad Shafee Abdullah.
Shafee: Was Kevin Morais involved in SRC (probe)?
Rosli: No.
Shafee: 1MDB (probe)?
Rosli: No.
Defence attempts to enter media statements as exhibits
9.30am - DPP V Sithambaram objects Shafee’s attempt to tender as exhibits, two media statements by the attorney-general Apandi Ali, issued on Jan 18 and Jan 26, 2016.
Sithambaram says while Shafee can refer to the statements in his questioning, to mark the documents is objectionable because the maker of the statements is not in court and therefore, it is hearsay.
Shafee agrees to proceed with his questions but points out the defence was previously told to rely on media reports when it had raised a similar issue on a letter of authority.
Proceedings begin
9.17am - Proceedings begin.
8.58am - Najib Abdul Razak enters the court and takes a seat at the front row of the public gallery and waits for proceedings to begin.
Also seen in court are Attorney-General Tommy Thomas and prosecutors, as well as the former prime minister's lead counsel Muhammad Shafee Abdullah and other members of the defence team.
The prosecution aims to close the RM42 million SRC International case against Najib Abdul Razak today, the trial's 58th day.
With the former prime minister’s lead defence counsel Muhammad Shafee Abdullah reaching the end of his cross-examination of MACC investigating officer Rosli Hussain, this would allow the prosecution to conduct a re-examination of the 57th and final witness.
However, today’s proceedings, which is set to begin before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali at 9am this morning, may only be a half-day affair as the judge have other criminal cases to preside over in the afternoon.
With Najib’s RM2.28 billion 1MDB trial before Kuala Lumpur High Court judge Collin Lawrence Sequerah set to begin tomorrow and run until Thursday this week, parties in the SRC International trial will be looking to wrap up Rosli’s testimony quickly.
- Mkini
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