The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 63 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Najib goes missing from court, counsel says he is caught in traffic jam
- Najib believes SRC can still be saved from going bankrupt
- AG asks why Najib didn't find out what happened to RM4b loan
- 1MDB delegation had checked frozen funds before Husni's request - Najib
- Najib's defence theme is ‘non-involvement in SRC micro-management’
- Najib raises ex-SRC director's change of stance on documents’ authenticity
- SRC said RM2b loan reserved for investment, requested another RM2b - Najib
- SRC asked for another RM2b loan after using RM2b for investment - Najib
- Najib disputes the authenticity of minute of meeting with Nik Faisal
- Najib denies planning SRC as scheme to transfer billions of ringgit
- Najib: Gov't guarantee for SRC loan rushed because of investment opportunity
- Court overrules defence's objection on cross-examination over disputed documents
- Najib disagrees with ‘SRC is Prime Minister's company’ assertion
- AG points out SRC decisions were made before board members' appointment
Thank you for following Malaysiakini's live report
5.05pm - Thank you for following our live report today.
Proceedings to continue next Wednesday
4.45pm - Justice Mohd Nazlan Mohd Ghazali allows application by the prosecution to vacate the trial dates for tomorrow, next Monday and Tuesday.
This follows a request by DPP V Sithambaram, who indicates that he needs more time to study Najib Abdul Razak's witness statement.
He says the prosecution did not have enough time to study the statement, which has a total of 243 pages, as it was served by the defence shortly before its examination on Najib last week.
Nazlan then orders for the trial to resume next Wednesday. He also orders for the case management for the trial to be done on the same day to determine the next dates for the trial.
Najib goes missing from court, counsel says he is caught in traffic jam
4.40pm - As the court resumes after a short break to allow a discussion between the counsels before Justice Mohd Nazlan Mohd Ghazali in his chambers, the accused, former premier Najib Abdul Razak, is missing from the accused dock.
His lead defence counsel Muhammad Shafee Abdullah then informs the court that Najib had misunderstood the short break as an adjournment of the proceedings today and left.
According to Shafee, his client could not return in time as he had already reached Jalan Tun Razak and was caught in the traffic jam there.
The lawyer then apologises for the misunderstanding.
"So my client misunderstood and he has left and got caught in (a jam) in Jalan Tun Razak.
"With your consent, he would be present at 9am (when the court resumes next Wednesday)," says Shafee.
The judge then reminds Shafee not to allow such an incident to happen again in the future.
4.02pm - Attorney-general Tommy Thomas informs the court that he has finished his part in cross-examining Najib Abdul Razak, and the second part would be taken by his fellow DPPs.
However, Thomas says the prosecution need to discuss matters pertaining to the next examination part with the defence team in Justice Mohd Nazlan Mohd Ghazali's chambers.
He did not specify what is the nature of the discussion.
The judge then allows the request, and orders for a short break while the counsels head into his chambers.
Najib believes SRC can still be saved from going bankrupt
4pm - Former prime minister Najib Abdul Razak tells the court he believes SRC International can still be saved from going bankrupt.
Answering a series of heated questions from attorney-general Tommy Thomas, the politician disagrees with Thomas' suggestion that the RM4 billion borrowed by SRC from the Retirement Fund Incorporated (KWAP) in 2011 and 2012 had totally disappeared.
According to him, the company still had its funds in Switzerland, and SRC could repay its loan using the money. Najib was referring to the company's bank account in Switzerland that had been frozen by the country's authorities over money laundering allegations.
AG questions why Najib didn't find out what happened to RM4b loan
3.50pm - Najib Abdul Razak and Attorney-General Tommy Thomas clash over the latter’s allegation that the former prime minister did nothing to find out what happened to the RM4 billion of Retirement Fund Inc (KWAP) lent to SRC International.
Thomas asks Najib whether the accused summoned SRC's five directors to find out what happened to the RM4 billion.
Najib: I did not summon the directors. I instructed the (SRC) management to take action.
Thomas: You did nothing.
Najib: Totally wrong (raised voice).
Thomas: You did not take any step to prevent the government guarantee from being called (for the RM4 billion loan)?
Najib: Not true. SRC was supposed to do it, it is in black and white (louder).
1MDB delegation had checked frozen funds before Husni's request - Najib
3.35pm - Former prime minister Najib Abdul Razak says there was already an earlier delegation by 1MDB to check what happened to the RM3 billion frozen in Switzerland, which was from the RM4 billion loan that Retirement Fund Inc (KWAP) lent to SRC International.
He says this to Attorney-General Tommy Thomas on former second finance minister Ahmad Husni Hanadzlah's testimony that Najib told him not to interfere in 1MDB, among others.
"The application (by Husni) was not formal, it was made at the spur of the moment. I was told that there was an earlier delegation that went there on behalf of 1MDB, including an auditor. They were satisfied with what they found in the visit," Najib says.
Thomas: You did not want Husni to go to Switzerland as you were concerned he may discover that the money had been stolen?
Najib: Not true.
Thomas: I put it to you that you did not want your cover blown by a minister in your cabinet going to Switzerland?
Najib: No.
Najib's defence theme is ‘non-involvement in SRC micro-management’
2.56pm - Najib Abdul Razak agrees with Attorney-General Tommy Thomas' assertion that the theme of the former prime minister's defence is his non-involvement in the micro-management of SRC International's operations.
The accused says this during cross-examination by Thomas.
Thomas: The theme of your testimony is that you are not involved in (SRC) micro-management?
Najib: Correct.
When Thomas asks whether Najib was keeping an eye on the RM4 billion total loaned by the Retirement Fund Inc (KWAP) to SRC, Najib replies "Yes, but I would not know unless somebody else inform me what happened, that is not desirable, that does not comply with good governance.
2.34pm - Proceedings resume after lunch break.
12.53pm - Proceedings break for lunch and will resume at 2.30pm.
Najib raises ex-SRC director's change of stance on documents’ authenticity
12.38pm - Najib Abdul Razak raises former SRC International director Suboh Md Yassin's (below) change of stance regarding the authenticity of documents purportedly authorising the transfer of millions of ringgit.
The former prime minister raises this during cross-examination by Attorney-General Tommy Thomas.
Thomas is cross-examining about several minutes of meetings of the SRC board, to which Najib raises the issue of Suboh's past testimony.
It was reported earlier during the prosecution stage of the trial that Suboh made this change of stance in regards to the authenticity of documents purportedly signed by him.
Suboh had agreed with the defence's contention that there is a possibility of his signature being forged by SRVlC director Nik Faisal Ariff Kamil to allow millions of ringgit to be transferred.
"People could forge, Suboh changed his position (over the authenticity of Suboh's signatures that allowed the transfers)," Najib replies to Thomas.
Thomas is asking Najib about minutes and documents linked to the second loan of RM2 billion given by Retirement Fund Inc(KWAP) to SRC in late 2012.
SRC said RM2b loan reserved for investment, requested another RM2b - Najib
12.10pm - The court hears from Najib Abdul Razak that he had queried SRC International when the latter requested for another government guarantee for a further RM2 billion loan in Feb 2012.
According to the former prime minister, he asked the company what had happened to the first RM2 billion loan that it received from the Retirement Fund Incorporated (KWAP) in Aug 2011.
"(The first loan) had been set aside for investment purposes. Targeted for investment purposes," he says in answering a question by attorney-general Tommy Thomas.
"(It was set aside for) planning for immediate investment. That was what I was told," he adds.
Thomas then asks Najib if he knew whether this meant that the first RM2 billion remained as cash in bank.
Najib: I was not sure. But when I asked them, they said it was for investment purposes.
Thomas: Did you ask them (where the money was)?
Najib: I didn't ask them where the money was. They said for investment.
The politician, however, disagreed with a suggestion by Thomas that he had acted wrongly for supporting SRC's application for the second government guarantee under the circumstances.
Najib disputes the authenticity of minute of meeting with Nik Faisal
11.40am - Former prime minister Najib Abdul Razak tells the court that evidence marked as ID499, which is a meeting minute dated Sept 7, 2011, was not signed by him.
IDD499 is a minute purportedly from a four-eyed meeting between Najib and the then CEO of SRC International, Nik Faisal Ariff Kamil (below), on the said date.
Nik Faisal had allegedly used the minute to brief SRC board members during a board meeting on Sept 13, 2011, claiming the content was what had been discussed with Najib.
The prosecution had previously tried to admit it as evidence but was rejected due to objection from the defence team. It was then admitted as ID.
Under normal practice, an item marked as ID cannot have its contents ventilated in court proceedings.
"I did not sign (this minute)," Najib claims.
According to the politician, most of his meetings with Nik Faisal were not minuted.
Najib denies planning SRC as scheme to transfer billions of ringgit
11.27am - Najib Abdul Razak denies Attorney-General Tommy Thomas' assertion that the former premier cooked up a scheme for SRC International to obtain billions of ringgit of monies.
The former finance minister says this during cross-examination by Thomas.
Thomas: I put it to you that from Aug 24, 2010, when the genesis of SRC was discussed, until its disbursement on Aug 29, 2011, that it (SRC) was a scheme that Datuk Seri (Najib) designed?
Najib: I disagree with the use of the word "designed”.
Thomas: Its (SRC) whole design was to ensure that SRC had RM2 billion of monies for disbursement?
Najib: Disagree.
It was reported that SRC obtained a total of RM4 billion from Retirement Fund Inc (KWAP) between late 2011 and early 2012.
Najib also disagrees with Thomas' assertion that the speed of disbursement of the first tranche of RM2 billion (in late 2011), following the cabinet approval of the government guarantee for the loan, was due to his personal involvement in the matter.
11.19am - Proceedings resume.
10.52am - The court takes a short break.
Najib: Gov't guarantee for SRC loan rushed because of investment opportunity
10.50am - Former prime minister Najib Abdul Razak testifies that the process to table the government guarantee for SRC International's RM2 billion loan to the cabinet in 2011 was rushed because there was an investment opportunity waiting for the company.
He says this when answering a question by attorney-general Tommy Thomas, who asks him why the need for a cabinet paper on the matter was done in two days, as per the testimony by previous witnesses involved in the process.
Thomas: I understand that if the government, when whichever ministry has an emergency, (for example) something just happens on a Monday when (the next) cabinet meeting is on Tuesday, everyone has to burn the midnight oil. That's how governments all over the world work.
My question is, what was the emergency and need to rush the government guarantee for RM2 billion loan for SRC? Why did you regard this as of great importance?
Najib: SRC was set up because there was a need for it, from the perspective of the country's (economic) strategies. And this was supported by the Economic Planning Unit.
(The rush was) because they said there was an investment opportunity, thus there was a need to work on SRC funding. That was why this was done (hurriedly).
And I want to state here that it was not unusual for the need of any companies to be worked on in such a short period of time.
Court overrules defence's objection on cross-examination over disputed documents
10.29am - Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali overrules the defence's objection against the prosecution's cross-examination of Najib Abdul Razak in relation to disputed documents.
The judge issues the ruling following heated submissions and counter submissions between lead defence counsel Muhammad Shafee Abdullah and DPP V Sithambaram as well as Attorney-General Tommy Thomas.
Shafee (above) says the prosecution should not be allowed to question the accused over the documents.
The documents in question includes one that purportedly involved the accused being nominated as a corporate representative of 1MDB vis-a-vis SRC International.
"The witness has been asked over and over again (over the documents) he disputes the signature (on said documents).
"But here (prosecution) going on asking him (Najib). This is a disputed matter and it should end here," Shafee says, adding that parties are also set to submit applications over a related matter later.
It was previously reported that the defence will file an application to allow an Australian handwriting expert to examine documents that purport to have Najib's signatures.
Many of these documents were tendered by the prosecution, prior to the court ruling on Nov 11 that Najib must enter his defence in the RM42 million SRC International case.
Najib disagrees with ‘SRC is Prime Minister's company’ assertion
9.45am - Former prime minister Najib Abdul Razak disagrees with Attorney-General Tommy Thomas' assertion that SRC International amounted to "Prime Minister's company"(Syarikat Perdana Menteri).
The accused makes this denial during cross-examination when Thomas refers to a previous testimony by 41st prosecution witness Afidah Azwa Abdul Aziz, who was the Finance Ministry's Strategic Investment Division deputy secretary.
Thomas informs Najib that Afidah testified that SRC International was the Prime Minister's company.
Thomas: She testified that as far as she was concerned, SRC was the Prime Minister's company.
Najib: I disagree with that.
Thomas: That was how she and her colleagues saw SRC.
Najib: It has nothing to do with me owning the company.
Thomas: You do not agree with the characterisation given by one of your staff that SRC was the Prime Minister's company?
Najib: Disagree.
AG points out SRC decisions made before board members' appointment
9.40am - Today’s proceeding starts with attorney-general Tommy Thomas asking Najib Abdul Razak about his handwritten notes on four letters.
Thomas (below) then moves to a series of questions to get the former prime minister to confirm details on formal documents related to SRC International.
These include a letter of appointment for seven SRC International directors dated Aug 1, 2011; the company's memorandum and articles of association dated Jan 4, 2011; and letters and emails dated June and July 2011 which documented SRC's two loan applications to borrow monies from the Retirement Fund Incorporated (KWAP).
To these questions, Najib confirms the dates of the documents.
Thomas immediately corners the politician on the fact that SRC International had made decisions to apply for loans from KWAP in June and July, when the members of its board of directors were only appointed in Aug that year.
Thomas: You would agree these seven documents signifying decisions relating to SRC, (were) done before directors were appointed on 1st August 2011. All were before the appointment of the directors. That is a fact.
Najib: Formal appointment. But they may have been suggested by the Lembaga Pengarah (board of directors). I have to check on that. But the formal appointment was on August 1.
Thomas: You said on many occasions when I asked about your role as chairperson of SRC board of advisers, your standard answer yesterday was that all the steps taken (by SRC) were upon the advice of the board of directors of SRC. You remember that?
Najib: Yes. If the advice was sought by the board.
Thomas: How could you have received such advice relating to these seven documents P356 to P372 when the board of directors were non-existent?
Najib: It must have been forwarded by the CEO back then.
Thomas then puts it to Najib, suggesting that all the decisions had been made personally on his directives.
However, Najib disagrees to the suggestion.
9.23am - Najib Abdul Razak enters the witness stand as proceedings begin with Attorney-General Tommy Thomas resuming cross-examination.
Also seen in the courtroom is the accused's lead counsel Muhammad Shafee Abdullah.
9.04am - Accused Najib Abdul Razak enters the High Court and takes a seat at the front row of the public gallery to await proceedings to begin.
Also seen in court is Attorney-General Tommy Thomas and other DPPs, as well as members of the former prime minister's defence team.
Also seen in court and conferring with Najib are Pontian MP Ahmad Maslan and Umno Supreme Council member Lokman Noor Adam.
Attorney-General Tommy Thomas is set to continue cross-examining Najib Abdul Razak on day 63 of the former prime minister's RM42 million SRC International trial today.
This was informed by the public prosecutor to Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali at the end of proceedings yesterday.
Thomas also informed the court yesterday that he expects to wrap up his questioning of Najib in today's hearing.
As proceedings resume around 9am this morning, today would mark the second day that Najib is subjected to cross-examination.
The Thomas-led prosecution team began subjecting the accused to heavy grilling yesterday, following the Muhammad Shafee Abdullah-led defence team having wrapped up examination-in-chief of Najib.
Yesterday's cross-examination at times saw heated exchanges between Thomas and Najib, such as on the issue of the extent of Najib's power and influence in the decision-making process that saw Retirement Fund Inc (KWAP) greenlighting RM4 billion in loans to SRC International between late 2011 and early 2012.
The remainder of the defence's examination-in-chief yesterday also saw Najib testifying that he allowed his wife Rosmah Mansor (above) to pick out her birthday gift - a luxury watch priced at US$130,625 (RM544,000) and purchased through a credit card - to make up for him abruptly leaving his family in Hawaii to deal with the flood situation in the East Coast of Malaysia in December 2014. - Mkini
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