The criminal trial of former prime minister Najib Abdul Razak involving alleged abuse of power and laundering of 1MDB funds enters its 10th day at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Trial adjourned to Monday
- Najib interacted with Jho Low even after learning he is a con man - Amhari
- Arul Kanda relayed doubt about Jho Low to Najib - witness
- Najib had access to all gov't agencies for intelligence, says his former aide
- Amhari: I never touched a single cent from US$800,000 in BSI account
- Jho Low nearby whenever Najib visits New York, witness says
- Sultan Mizan and Jho Low’s relationship was neither hostile nor close, testifies Amhari
- Najib not a personal threat, but his supporters are - Amhari
- Witness denies MACC offered reward to incriminate Najib
- Amhari didn't notify M’sian embassy about Abu Dhabi visit, court hears
- Witness: Najib asked if Jho Low is able to bring projects from China
- Prosecution takes over the re-examination of Amhari
- Amhari disagrees being in Jho Low's camp against Arul Kanda
- Defence: Amhari is sole owner of the fake Aabar company
- Najib silent when told China-Malaysia joint projects to bailout 1MDB: witness
- Defence to request court to dismiss parts of Amhari's testimony as hearsays
- Amhari: Jho Low may have manipulated Najib
- Witness disagrees that he cooperated with MACC to be let off the hook
- PMO chief of staff gave orders to shred documents prior to GE14: witness
- Amhari brought to witness MACC search on 3 houses, including his home
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5.30pm - Thank you for following our live report today.
Trial adjourned to Monday
4.40pm - Kuala Lumpur High Court judge Collin Lawrence Sequerah adjourns the trial to Monday next week.
Lead DPP Gopal Sri Ram informs the court that the prosecution may have several more questions to ask in the re-examination of Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin, on Monday.
Najib interacted with Jho Low even after learning he is a con man - Amhari
4.38pm - The court hears from a witness that Najib Abdul Razak continued to interact with Low Taek Jho even after the latter’s alleged con on Sarawak Governor Abdul Taib Mahmud’s (photo) son Mahmud Abu Bekir Taib became public in 2009.
Witness Amhari Efendi Nazaruddin, who is a former special officer to Najib, testifies this when asked by lead DPP Gopal Sri Ram who appears to be borrowing the lead defence lawyer Muhammad Shafee Abdullah's line of questioning.
Sri Ram: It was put to you that it (Jho Low deceiving Mahmud Abu Bekir Taib) was in public domain. Everybody knows about it.
Amhari: I don’t know.
Sri Ram: According to a question put to you by my learned friend, it would be around this time, 2008 or 2009?
Amhari: Yes.
Sri Ram: My question is this. After this became public knowledge, did the accused continue to interact with Jho Low? After 2009, that he (Jho Low) was a con man, (that he) practised a trick on (son of) Tun Taib Mahmud?
Amhari: Yes.
Arul Kanda relayed doubt about Jho Low to Najib - witness
4.30pm - The court hears that former 1MDB CEO Arul Kanda Kandasamy had once raised doubt about Jho Low to then prime minister Najib Abdul Razak.
According to witness Amhari Efendi Nazaruddin, this happened during a meeting at Najib's house, when Arul Kanda asked the politician if all that were said by Jho Low was true.
These include 1MDB's "fund units", says Amhari, who was then a special officer to Najib in his capacity as the prime minister.
Amhari is referring to the alleged fund units that 1MDB had kept as investments.
Although he did not specify the exact year, it is believed that this occurred sometime in 2016, as he tells the court the meeting was held around the time he (Amhari) was assigned to negotiate with IPIC.
The witness testifies that Najib only listened, and did not react to Arul Kanda.
Najib had access to all gov't agencies for intelligence, says his former aide
4.20pm - Then prime minister Najib Abdul Razak had access to all government agencies for intelligence gathering, testifies his former special officer Amhari Efendi Nazaruddin.
The eighth witness tells DPP Gopal Sri Ram that Najib had access to among others the police Special Branch, military intelligence and Prime Minister’s Office intelligence.
Sri Ram: When the accused was PM, what resources did he have in terms of intelligence and information?
Amhari: All the government agencies, including the Special Branch, MIO or military intelligence, and PMO intelligence. That is all I remember at the moment.
Sri Ram: Did he (Najib) had access to MACC?
Amhari: Yes.
Sri Ram: From your experience working with the accused as PM, did he receive briefings from intelligence?
Amhari: I am not sure how frequently but as PM, he received all intelligence updates.
4.19pm - Proceedings resume.
4.05pm - Court takes a short break.
Amhari: I never touched a single cent from US$800,000 in BSI account
4pm - The court hears from Amhari Efendi Nazaruddin that he had never touched the US$800,000 that was deposited into his BSI bank account, which he opened under the instruction of 1MDB-linked businessperson Low Taek Jho.
Amhari, who is a former special officer to Najib Abdul Razak, testifies that he also did not know what happened to the money or the account.
He says this under re-examination by lead prosecution DPP Gopal Sri Ram.
Jho Low nearby whenever Najib visits New York, witness says
3.48pm - Wanted businessperson Jho Low would be around when then prime minister Najib Abdul Razak has meetings in New York, a witness testifies.
Najib's former special officer Amhari Efendi Nazaruddin says fugitive businessperson Jho Low would be "on and about" and "would be around" when Najib was performing his official duties.
Amhari is answering a question from lead DPP Gopal Sri Ram on whether Jho Low accompanied Najib on these official visits.
Sri Ram: On these visits, was Jho Low present?
Amhari: Most of the time, he (Jho Low) was on and about, when Najib was on official work. Jho Low would be (there) on those dates, not with PM (Najib) but he would be around.
Sri Ram: You saw him (Jho Low) mixing with PM there?
Amhari: I saw him (Jho Low) meeting PM in a hotel for an appointment.
Sultan Mizan and Jho Low’s relationship was neither hostile nor close, testifies Amhari
3.14pm - Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin testifies that the relationship between Sultan Mizan Zainal Abidin (photo) of Terengganu and Jho Low was neither hostile or affectionate.
The eighth witness says this during re-examination when lead DPP Gopal Sri Ram asks him about it.
Amhari was previously cross-examined by the defence about the matter.
Sri Ram: You remember under cross-examination that you were asked about the meeting at Istana Terengganu, you were sent there and Jho Low introduced you?
Amhari: Yes.
Sri Ram: From your observation, how was the relationship between the Sultan (of Terengganu) and Jho Low? Hostile? Affectionate?
Amhari: Probably in the middle. He (Sultan Mizan) was open to listening.
Sri Ram: How would you describe the meeting?
Amhari: Santai (relaxed), very relaxed. We went with Azizz, the brother-in-law of the then Agong. We sat there. I was expecting a meeting room but it was more like a tea-setting.
Previously, the court heard that the Terengganu Palace was displeased with Jho Low. Sultan Mizan Zainal Abidin was the Yang di-Pertuan Agong from 2006 to 2011.
Najib not a personal threat, but his supporters are - Amhari
3.07pm - Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin testifies that the former prime minister did not pose a personal threat to the eighth witness.
Instead, it was Najib's supporters who may take matters into their own hands, Amhari tells lead DPP Gopal Sri Ram during re-examination.
Amhari: I did not feel personal threat from Najib, but as prime minister, he would have all the necessary power to at least create some instability. I am being polite here.
Sri Ram: In what?
Amhari: In my livelihood. A PM would have all the power to do things. He has a lot of support. It is not necessary that he works with the supporters but the supporters can take their own thinking and action.
Sri Ram: You mean take matters into their own hands?
Amhari: Yes.
Sri Ram: Who was the PM?
Amhari: Najib.
Amhari adds that the threat was always there as he considered himself stuck in the middle.
"So when I was asked about the threat (in previous proceedings), to me it does not matter because whatever route I took, there will be threats.
"So what I did was I looked at my religion and to tell the truth, and hope that it will save me," Amhari says.
When Sri Ram asks “further threats from where?”, Amhari says that it "can be from any stakeholders in this trial, whoever they are or whatever group they are from".
Witness denies MACC offered a reward to incriminate Najib
3pm - Amhari Efendi Nazaruddin disagrees that MACC had used the “carrot and stick” approach to compel him to incriminate his former boss Najib Abdul Razak.
The former special officer to Najib testifies this when asked by lead DPP Gopal Sri Ram during re-examination.
The defence had earlier tried to put to Amhari that he was placed under pressure to give evidence against the former prime minister.
Amhari didn't notify M’sian embassy about Abu Dhabi visit, court hears
2.52pm - Najib Abdul Razak's then special officer Amhari Efendi Nazaruddin testifies that he did not inform the Malaysian embassy about his visit to Abu Dhabi.
The eighth witness tells lead DPP Gopal Sri Ram (above) during re-examination that he did not inform because it was a special mission entrusted by then-premier Najib.
Amhari is answering Sri Ram's question on why the former did not inform the Malaysian embassy in Abu Dhabi when he went there to discuss how to settle a 1MDB-related issue.
Sri Ram: When you went to Abu Dhabi, did you know that we have an embassy there?
Amhari: I think so.
Sri Ram: Did you contact the embassy in Abu Dhabi?
Amhari: No.
Sri Ram: Why not?
Amhari: I took it as a special mission that Najib asked me to do.
Witness: Najib asked if Jho Low is able to bring projects from China
2.45pm - The court hears that then Prime Minister Najib Abdul Razak had in 2016 checked with his then special officer Amhari Efendi Nazaruddin if the China projects dealt by Jho Low were real.
Amhari testifies that he then told Najib that there were proper projects being discussed in China.
He says this happened when he handed Najib a report prepared by Jho Low after he (Amhari) returned from his trips to China and Abu Dhabi.
"Najib did ask me about Jho Low, if everything (is) real over there (China). And I said, he is there and proper projects are being discussed," Amhari says.
Under re-examination by DPP Gopal Sri Ram, Amhari then elaborates that Najib was trying to confirm "if Jho Low could really get the China projects".
2.37pm - Proceedings resume with lead DPP Gopal Sri Ram re-examining the eighth witness Amhari Efendi Nazaruddin.
Prosecution takes over the re-examination of Amhari
1pm - The defence ends its cross-examination on Amhari Efendi Nazaruddin, before lead DPP Gopal Sri Ram takes over the examination to ask Amhari several questions on e-mail received from Jho Low in 2015.
Gopal then tells the court that he has some other areas to question Amhari.
The court breaks for lunch and is expected to resume at 2.30pm.
Amhari disagrees being in Jho Low's camp against Arul Kanda
12.40pm - The court hears from Amhari Efendi Nazaruddin that an email he received from Jho Low on April 22, 2015, suggested that then prime minister Najib Abdul Razak should follow Jho Low's plan in resolving 1MDB issues.
This was for Najib to use Low's idea rather than that of Arul Kanda Kandasamy (above), who was then the 1MDB CEO.
Amhari, however, disagrees that this put him in the same camp with Jho Low against Arul.
Defence: Amhari is sole owner of the fake Aabar company
12.20pm - The defence confronts Najib Abdul Razak's former special officer, Amhari Efendi Nazaruddin, with a company certificate that allegedly shows Amhari as the sole owner of Aabar Investment PJS Ltd.
Lead defence lawyer Muhammad Shafee Abdullah then puts it to Amhari that the latter owned the company, which he described as the fake Aabar, through Tycoon Gain Ltd, which also owned Aerosphere Ltd.
It had been mentioned earlier in the trial that Aerosphere was Amhari's company, through which he had opened an account with BSI Bank in Singapore under Jho Low's instructions.
The witness, however, denies knowledge of this matter.
Shafee: I’m putting to you that as Aerosphere is owned by Tycoon Gain Ltd, (and) Aabar Investments PJS Ltd is owned by the same company, which means you are the owner of Aerosphere Ltd as well as Aabar Investments PJS Ltd.
Amhari: I don't know this.
The witness also agrees that the document shows that Tycoon Gain and Aerosphere Ltd were using the same office, as it shares the same address.
Shafee then tells Amhari that he had concealed this information about ownership of the fake Aabar from MACC and also the court because he wanted to conceal his role in the 1MDB scandal.
The former aide to Najib, however, disagrees to this.
Najib silent when told China-M'sia joint projects to bailout 1MDB: witness
12pm - Then prime minister Najib Abdul Razak kept quiet when informed that the proposed China-Malaysia joint projects like the East Coast Rail Link (ECRL) were to bail out 1MDB, claims his former special officer Amhari Efendi Nazaruddin.
The eighth witness testifies that he told Najib that the China-Malaysia proposed projects in 2016, including the ECRL (photo), were to pay 1MDB debts.
Amhari says he thought part of the talking points provided by wanted financier Jho Low for the former’s trip to China for talks in 2016, which stated that the projects were meant to bail out 1MDB, was illegal.
Amhari: I told Najib that this is to pay 1MDB debts.
Shafee: You brought this up in memo?
Amhari: No.
Shafee: What did he (Najib) say?
Amhari: He kept quiet.
Shafee: These are your own words in court with nothing else, just your own words, a witness who is entirely not (free of) blame, a colourful witness.
Defence to request court to dismiss parts of Amhari's testimony as hearsays
11.30am - Lead defence counsel Muhammad Shafee Abdullah tells the court that the defence plans to submit to the court later that parts of Amhari Efendi Nazaruddin's statements are only hearsays.
Shafee says this was the reason why he did not bother to question the former special officer to Najib Abdul Razak on some areas of Amhari's witness statement.
"They are all hearsays. They ought to be excluded.
"He (Amhari) is doing his own guesswork based on nothing," Shafee says.
The lawyer tells the court that they might do the submission either at the end of the prosecution's case or by an interim submission.
Justice Collin Lawrence Sequerah tells Shafee to submit it at the end of the prosecution case.
11.26am - Proceedings resume.
11am - The court goes into a short break, and is expected to resume at 11.15am.
Amhari: Jho Low may have manipulated Najib
10.45am - Wanted businessperson Jho Low (photo) may have manipulated Najib Abdul Razak in relation to the 1MDB issue, testifies the then prime minister's aide Amhari Efendi Nazaruddin.
Najib's former special officer agrees with the assertion put forward by the accused's lead defence counsel Muhammad Shafee Abdullah during cross-examination.
Shafee: Your own prime minister (Najib) was manipulated by Jho Low?
Amhari: I agree.
Shafee: You agree Jho Low may have manipulated the PM (Najib)?
Amhari: There is a possibility.
Amhari also agrees with Shafee that the portion of his written witness statement which described Jho Low as a master manipulator only referred to Jho Low and not Najib.
Witness disagrees that he cooperated with MACC to be let off the hook
10.35am - Amhari Efendi Nazaruddin, a former special officer to Najib Abdul Razak, disagrees to a suggestion by the defence that he cooperated with MACC to avoid facing criminal charges in court.
The answer comes when lead defence counsel Muhammad Shafee Abdullah tells Amhari that the latter agreed to incriminate his former boss so that he would be let off the hook from his offences.
Shafee: Upon being arrested and interrogated, you decided to work with MACC with the hope that your own problem, and the matter you were investigated on, would be treated leniently. In fact, you haven’t been charged for the offences you committed.
Amhari: I disagree.
Earlier, the prosecution witness concurs with Shafee that he had kept a box containing 1MDB-related documents at his cousin's house.
However, he disagrees that he had kept the documents, including those which Jho Low had told him to destroy so that he could use them in the future.
PMO chief of staff gave orders to shred documents prior to GE14: witness
10.27am - There was a directive from the Prime Minister’s Office chief of staff to shred documents stored in several locations in the lead-up to the 14th General Elections, the Kuala Lumpur High Court hears.
Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin testifies this during cross-examination by lead defence counsel Muhammad Shafee Abdullah.
This was revealed after Shafee (above) asked Amhari why many documents, which MACC seized following Amhari's arrest on June 2018, were actually at the witness' cousin's house.
"It was the lead-up to elections (GE14), there was instruction from the office chief of staff to shred all documents that needed to be shredded, and file some when necessary and give back to the chief of staff.
"Everyone has their own papers and were told to keep the very important papers so that after the elections, some of them can be used.
"Those were the instruction. At that time, I was very busy as I was also involved in the election campaign," Amhari says.
When Shafee suggests that the documents were instead kept by Amhari as insurance against Jho Low, with whom he allegedly cooperated since 2007, the witness disagrees.
Amhari brought to witness MACC search on 3 houses, including his home
10am - The court hears from witness Amhari Efendi Nazaruddin that he was brought to witness MACC’s search at three houses in June last year.
This includes Amhari's own house in Kota Damansara.
According to his testimony, MACC investigators went to his house on June 24 before searching an apartment at Persiaran Tropicana the next day.
He says that the apartment was not his.
MACC carried out a search in a condo unit at 3 Jalan Kia Peng after searching these two premises.
The court hears that MACC took a bundle of documents, two Blackberry phones, and several computers from Amhari’s house.
9.36am - Najib enters the dock as proceedings begin with the resumption of cross-examination of his former special officer Amhari Efendi Nazaruddin.
9.31am - Accused Najib Abdul Razak enters the court and takes a seat to await proceedings to begin.
Also present are his lead defence counsel Muhammad Shafee Abdullah and other members of the defence team, as well as lead DPP Gopal Sri Ram and other DPPs.
The 10th day of Najib Abdul Razak's RM2.28 billion trial may see former 1MDB CEO Shahrol Azral Ibrahim Halmi take the stand as the ninth prosecution witness.
The possibility was hinted at during proceedings yesterday when Najib's lead counsel Muhammad Shafee Abdullah informed the Kuala Lumpur High Court that he had only at most two more hours left in his cross-examination of the accused's former special officer Amhari Efendi Nazaruddin (above), who is the eighth witness.
Shahrol Azral helmed the troubled sovereign wealth fund from 2009 to 2013, before moving on to the Performance Management and Delivery Unit (Pemandu).
It is understood that should Shahrol Azral take the witness stand for the prosecution's examination-in-chief today, his written witness testimony alone will be over three times the length of Amhari's.
Given this, it is expected that Shahrol Azral will be in court in the next few days. - Mkini
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