MONTHS after becoming prime minister, Najib Razak had effective control over 1MDB after amending the company constitution of its precursor, Terengganu Investment Authority (TIA), the high court heard in the first week of the 1MDB trial.
Companies Commission of Malaysia (CCM) assistant registrar Rafidah Yahaya, the prosecution’s seventh witness, told the Kuala Lumpur High Court that TIA’s constitution was amended on September 2, 2009, five months after Najib was sworn in as prime minister on April 3, 2009.
A clause was added under Article 117 of the company’s memorandum and articles of association, which required all matters, including financial guarantees and policy direction, to get the approval of the prime minister.
Two days later, on September 4, Najib signed documents transferring the ownership of TIA to the Minister of Finance Inc (MoF). Another document changing the name from TIA to 1Malaysia Development Bhd was handed over to the CCM on September 25, 2009, Rafidah testified.
She also told the court that Najib’s aide was appointed to a key position in Tanjong Energy Holdings Sdn Bhd soon after 1MDB acquired the energy firm from T. Ananda Krishnan in March 2012 for RM8.5 billion. Najib’s then special officer Wan Ahmad Shihab Wan Ismail was appointed to the board on May 22, 2012.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi and former 1MDB finance director Terence Geh were also appointed the same day.
Geh remains missing after being charged in absentia last December with criminal breach of trust related to a 1MDB-linked property worth US$125 million (RM500 million).
Wan Shihab was among four trustees for Yayasan Rakyat 1Malaysia (YR1M) that included the prime minister, former 1MDB chairman Lodin Wok Kamaruddin and Azlin Alias, Najib’s late principal private secretary.
Role of middlemen
To avoid online speculation, Najib issued a cheque in 2013 through a middleman to fund two companies to generate support for the Barisan Nasional government, another witness told the court.
Former political secretary Wong Nai Chee testified that Najib asked him to arrange a cheque in August 2013 to business tycoon Lim Soon Peng, where the latter channelled RM246,000 to the two companies that worked to generate support for BN.
The companies were Akademi Kewartawanan & Informasi, which ran a Chinese weekly newsletter and AD Network, which managed the “Ah Jib Gor” Facebook page.
Another witness, a digital media consultant testified that her company, Orb Solutions, received a RM2 million cheque dated August 12, 2013 from Najib for digital services that included managing his personal websites, social media accounts and other online activities.
Noorhaina Diarwani Mohd Nor told the court that her job was to help the government improve its image online, adding that nothing she did was for Najib’s personal benefit.
Another witness, Batu Kawan Umno division chief Mohd Noor Ahmad told the court that Najib gave him RM100,000 to fund a welfare programme.
Noor, 60, said he received the money via a cheque from Najib, who was then Umno president, at the prime minister’s office in Putrajaya on August 6, 2013.
Jho Low Najib’s alter ego
At the start of 1MDB trial on Wednesday, special deputy public prosecutor Gopal Sri Ram accused Najib of working with his “alter ego” Low Taek Jho, better known as Jho Low, to steal from 1MDB.
“After the 1MDB scandal broke in early July 2015, the accused with his mirror-image Jho Low took steps to cover his tracks. Sham documents were produced to pretend a donation from an Arab prince,” Sri Ram said in the opening statement.
“If you place the accused before a mirror, you will see Jho Low. And if you place Jho Low before a mirror, you will see the accused.”
Sri Ram said the prosecution will prove that the alleged donations from Saudi Arabia were concocted by both men.
Najib has maintained that the late King Abdullah of Saudi Arabia in 2013 donated the widely publicised US$681 million (RM2.08 billion then) to combat an uprising in Malaysia similar to the Arab Spring, which toppled several Middle Eastern leaders.
Najib’s lead counsel, Muhammad Shafee Abdullah, told reporters after court proceedings on Wednesday that Najib “honestly believed” it was a Saudi donation as he had met Abdullah who promised the amount.
He said the prosecution must only prove that documents claiming the funds were a donation were forged, they must also prove Najib knew about the forgery.
“He (Najib) has always believed that it was a donation, so whether documents are fabricated, you have to prove it.
“Even if you prove it, you have to prove that Najib knew it is fabricated.”
Multiple trials
The 1MDB trial is heard before Kuala Lumpur High Court judge Collin Lawrence Sequerah, who has since July rebuffed attempts to postpone the trial.
Both prosecutors and the defence wanted the ongoing SRC International trial – where Najib faces seven criminal charges for receiving RM42 million in his accounts – to conclude first.
The SRC International trial, which is halfway through after it began in April 3, saw the prosecution wrapping up its case on Tuesday with its 57th and final witness.
High court judge Mohd Nazlan Mohd Ghazali, who is hearing the SRC International case, gave both parties four weeks to submit their written submission and another three weeks to reply to each submission.
The hearing of the oral submissions will be on October 22 and the decision whether to acquit or call for the defence is expected on November 11. If a prima facie case is established, Najib’s defence for the SRC International trial will then call its witnesses.
For the 1MDB trial, 60 prosecution witnesses are expected, including those who previously testified in the SRC International trial.
Najib is not only the first former prime minister to be criminally charged, he also faces multiple criminal trials.
For his other three criminal cases, Najib faces six counts of criminal breach of trust involving RM6.6 billion in government funds that was paid out to settle debts with Abu Dhabi sovereign wealth fund International Petroleum Investment Company (Ipic); one abuse of power charge for tampering with the 1MDB-audit report and; a further three money-laundering charges involving RM27 million of SRC International funds.
For the 1MDB trial, Najib faces 25 charges: four counts of abusing his position to gain for himself RM2.3 billion and a further 21 counts of money-laundering relating to the same amount.
The cases can only be heard one at a time as Najib’s right as an accused requires that he be present for all hearings, including interlocutory matters. The burden of proof will be on the prosecution, who must prove that Najib is guilty beyond reasonable doubt.
– https://www.themalaysianinsight.com
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