The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and laundering of 1MDB funds enters its third day at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Hearing adjourned to Wednesday
- 'Jho Low provided bank letters to avert any probe into 1MDB'
- 'PMO flagged 1MDB in early 2015 when exposés began to spread'
- Only Najib, Jho Low had full picture of 1MDB scheme - ex-aide
- 'Jho Low prepped 1MDB FAQ for PMO in case project questioned'
- T'ganu gov't was unhappy with TIA structure plan, witness says
- Jho Low explained TIA to Najib's aide using whiteboard in his kitchen
- 'Jho Low joined meeting with former king to discuss TIA'
- Jho Low relayed Najib's instructions - witness
- 'Najib is a gentleman and charismatic leader'
- Prosecution calls Najib's former aide to testify
- CCM officer asked for info on two Jho Low-linked companies
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1.11pm - Thank you for following our live report today.
Hearing adjourned to Wednesday
1.06pm - The court adjourns today's hearing, as lead defence counsel Muhammad Shafee Abdullah has to rush to a relative's funeral.
During his application to get his passport returned earlier this morning, Shafee informed Justice Collin Lawrence Sequerah that two of his relatives, including a cousin, were in separate hospitals due to dengue fever and a heart attack.
He cited this as one of the reasons that he would return to Malaysia as soon as possible after representing a client in Australia, saying that he would want to be close in case anything happens to his relatives.
Barely an hour later, however, Shafee (photo) told the court that he just received news that the relative infected with dengue had just passed away.
He then requested to the court to allow for an early adjournment to attend the funeral. The prosecution did not object.
'Jho Low provided bank letters to avert any probe into 1MDB'
12.55pm - Wanted businessperson Low Taek Jho (photo) provided five letters, including those purportedly from Saudi Arabia, to avert any probe into 1MDB, testifies a former aide to former premier Najib Abdul Razak.
Reading out from his voluminous witness statement, Amhari Efendi Nazaruddin says that these letters are titled:
- 'Re: Letter of Support Re: Petrosaudi International' from the Saudi Arabian Embassy in Kuala Lumpur to Najib, dated May 10, 2011
- 'Re: Letter of Confirmation Re: PetroSaudi International' from the Malaysian ambassador in Saudi Arabia to 1MDB, dated May 7, 2011
- 'Reference Letter for Mr Tarek Essam Obaid in Saudi Arabia' from the Regional Management Commercial Banking Division Government Institution Department Central Region to 1MDB, dated May 1, 2011
- 'Letter of Reference and Confirmation for Petrosaudi International, a Company Incorporated in the Kingdom of Saudi Arabia' from Helvetica Wealth Management Partners AG to 1MDB, dated Oct 1, 2010
- A letter from JP Morgan (Suisse) SA to 1MDB, dated May 3, 2011
Amhari says that the documents were given to him and Azlin Alias, Najib's then-private secretary, between the end of 2014 and early 2015.
"Low prepared damage control steps related to the 1MDB issue that was widely played up by the media, including in the New York Times, Wall Street Journal and Sarawak Report at that time."
'PMO flagged 1MDB in early 2015 when exposés began to spread'
12.15pm - 1MDB was flagged by the Prime Minister's Office as an issue that needed to be handled in early 2015, testifies a former aide to Najib Abdul Razak.
Reading out from his witness statement during examination-in-chief, Amhari Efendi Nazaruddin says that this occurred between January and February that year, when pictures, emails, and documents related to the state investment firm began to spread.
"In early 2015, the revelation began to be an issue that needed to be tackled by the PMO especially through (Najib's then-private secretary) Azlin Alias," he says.
"This is because the media began to spread the issue of 1MDB involving Najib. Azlin was involved in tackling the issue as he was the most capable and with know-how about 1MDB.
"The issue began to be triggered around January and February 2015 with the spread of exposés, including with supporting evidence like pictures, documents, emails, bank transactions and money transfers linked to the misappropriation of 1MDB money via the Petrosaudi International-1MDB joint venture that is said to have been transferred to (fugitive businessperson) Low Taek Jho's personal accounts."
Only Najib, Jho Low had full picture of 1MDB scheme - ex-aide
12pm - Only former prime minister Najib Abdul Razak (photo) and businessperson Low Taek Jho had the full picture of their plans for 1MDB, the court hears.
According to Najib's former aide Amhari Efendi Nazaruddin, he and the late Azlin Alias only knew about the misappropriation in the state investment fund after it was reported in the media.
Azlin was Najib's private secretary at the time.
Amhari testifies that this was because their work related to the company had been divided into silos.
He adds that he found Low to be someone who was good at manipulating people when dealing with officials in and outside Malaysia.
"Low was the master manipulator, and in this situation, I can say that I was used for dishonest intentions," he says, reading from a prepared witness statement.
'Jho Low prepped 1MDB FAQ for PMO in case project questioned'
11.45am - 1MDB-linked businessperson Low Taek Jho was involved in preparing answers for the Prime Minister's Office to use in case 1MDB was questioned by anyone.
Former aide to Najib Abdul Razak, Amhari Efendi Nazaruddin, says this was done through emails and meetings between him, Low and the late Azlin Alias, the private secretary of Najib Abdul Razak at the time.
He tells the court that there were also meetings in which Low prepared documents and information for the PMO when and if questions arose on several issues, including on 1MDB.
T'ganu gov't was unhappy with TIA structure plan, witness says
11.40am - The Terengganu government was unhappy with the structure plan for Terengganu Investment Authority Bhd (TIA), the court hears, because the state's interests would not be represented in the company.
Amhari Efendi Nazaruddin, the former aide to Najib Abdul Razak, says that this was conveyed by the Terengganu government in a May 2009 meeting.
The witness adds that the state government was also unhappy about its Menteri Besar Inc being limited to an inactive role on the TIA board of directors.
Amhari says he then relayed this to Najib's chief private secretary Ab Aziz Kassim, who then told him to await the then-prime minister's instructions.
Jho Low explained TIA to Najib's aide using whiteboard in his kitchen
11.30am - Amhari Efendi Nazaruddin, the former aide to Najib Abdul Razak, tells the court that he first learned about the plan to form Terengganu Investment Authority Berhad (TIA) through fundraising when Low Taek Jho briefed him on the matter in 2008.
Amhari says that the businessperson used a whiteboard in his kitchen in his Jalan Kia Peng home to explain his plans for TIA. For the record, TIA later changed its name to 1MDB.
The witness says that he struggled to comprehend most of Low's plan due to his inexperience in investment banking and fundraising.
He adds, however, that what he did understand was that TIA would raise funds through the issuance of bonds for overseas investment.
According to Low, the investment was expected to be profitable, and would be channelled back to the rakyat through government policies, including community programmes.
'Jho Low joined meeting with former king to discuss TIA'
11.25am - 1MDB-linked businessperson Low Taek Jho joined a 2008 meeting with then Yang di-Pertuan Agong Sultan Mizan Zainal Abidin (photo) to discuss the Terengganu Investment Authority (TIA), the forerunner of 1MDB.
This was relayed to the court by former aide to Najib Abdul Razak, Amhari Efendi Nazaruddin, who said he was also in the meeting to represent the then-deputy prime minister and finance minister.
Amhari testifies that the informal meeting was held at Sultan Mizan's palace in Kuala Lumpur. Also present was the Terengganu ruler's brother-in-law Aziz Akhir.
He says that Low brought up TIA during the meeting, but adds that Sultan Mizan did not make any decision on, nor said anything negative about the proposal.
TIA was set up in 2008 with the stated aim of ensuring the economic development of Terengganu.
Jho Low relayed Najib's instructions - witness
11.05am - Former aide to Najib Abdul Razak, Amhari Efendi Nazaruddin, testifies that fugitive businessperson Low Taek Jho (photo) relayed instructions from the then-deputy prime minister to him.
Low also relayed instructions to Najib's former private secretary Azlin Alias, the witness adds.
Amhari says this while reading out from a witness statement during examination-in-chief by deputy public prosecutor Ahmad Akram Gharib.
"He (Low) was the unofficial adviser to Najib, especially in terms of proposals on 1MDB.
"Low arranged investment planning and G2G (government-to-government), political planning (caturan politik), which include funds received by Najib."
Amhari adds that on many occasions, Najib himself confirmed the instructions relayed by Low as his own.
'Najib is a gentleman and charismatic leader'
10.55am - The court hears from a former aide that Najib Abdul Razak was a "charismatic and intelligent" leader.
Amhari Efendi Nazaruddin (photo) says that he first met Najib when he was being interviewed in 2008. Najib was the deputy prime minister at the time.
"In my service of about 10 years, I found that Najib is a gentleman, who is capable of carrying out his duties, and is charismatic and intelligent in working out his plans."
Prosecution calls Najib's former aide to testify
10.40am - The hearing continues with the prosecution calling their eighth witness, Amhari Efendi Nazaruddin, who used to work as special officer to Najib Abdul Razak when the latter was the deputy prime minister and later the prime minister.
Amhari testifies that he was one of the two directors of Orb Solutions Sdn Bhd, which was formed in Jan 2010 to promote the 1Malaysia brand and run the 1Malaysia blog for Najib.
CCM officer asked for info on two Jho Low-linked companies
10.35am - Companies Commission officer Rafidah Yahaya (left in photo) continues confirming documents related to companies linked to the 1MDB case.
After Rafidah identifies close to 180 CCM documents, deputy public prosecutor Mustaffa P Kunyalam then informs the court that he has no more questions.
Lead defence counsel Muhammad Shafee Abdullah then rises from his seat, saying that he only needs five minutes with the witness.
He then asks Rafidah if she can get documents related to two companies linked to businessperson Low Taek Jho.
The companies are the Wynton Private Equity Group (M) Sdn Bhd and Utama Banking Group.
Rafidah tells the court that she would need one day to obtain the documents.
Shafee then asks her to inform the deputy public prosecutor when she does, so that she can be recalled to the stand.
Najib enters the dock
10.15am - Accused Najib Abdul Razak enters the dock as proceedings begin.
Earlier, Kuala Lumpur High Court judge Collin Lawrence Sequerah had to deal with two separate case mentions before attending to the 1MDB hearing.
An eighth prosecution witness from the Prime Minister’s Office may take the stand on the third day of former premier Najib Abdul Razak's RM2.28 billion 1MDB trial.
This is if the seventh witness, Companies Commission (CCM) assistant registrar Rafidah Yahaya manages to wrap up her testimony after proceedings resume before Kuala Lumpur High Court judge Collin Lawrence Sequerah.
The prosecution is expected to continue its examination-in-chief of Rafidah in relation to documents on 1MDB's directorship and shareholdings, as well as name changes involving subsidiaries Powertek Investment Holdings Sdn Bhd, Powertek Energy Sdn Bhd and Mastika Lagenda Sdn Bhd.
Last week, Rafidah’s testimony confirmed a trove of company documents on the directorships of these subsidiaries.
Among the names mentioned in the documents include SRC International Sdn Bhd’s former CEO Nik Faisal Ariff Kamil, Najib's former special officer Wan Ahmad Shihab Ismail Wan Ismail, and former 1MDB CEO Arul Kanda Kandasamy. - Mkini
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