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Monday, January 20, 2020

Day 70: Defence's claim of signature forgery only a 'tactical manoeuvre'


The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 70 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.

Summary of Najib’s SRC RM42 million case

Najib is facing 7 charges relating to RM42m involving SRC International, a former 1MDB subsidiary.

KEY HIGHLIGHTS 
  • Defence's claim of signature forgery only a 'tactical manoeuvre'
  • Najib's defence did not oppose admission as exhibits on disputed signatures
  • Defence wraps up submission on application to call expert witness
  • Aussie expert unable to verify signatures until allowed to examine actual docs
  • Burden to prove authenticity of docs on prosecution - defence
  • Defence submits on bid for expert to determine authenticity of signatures

Thank you for following Malaysiakini's live report
1.35pm - Thank you for following our live report today.

Court adjourns, trial to continue tomorrow
12.57pm - High Court judge Mohd Nazlan Mohd Ghazali (below) adjourns proceedings for the day to 9am tomorrow.
This is to give more time to the prosecution and defence to submit on Najib Abdul Razak's application for an Australian handwriting expert to examine the authenticity of the accused's signatures on key SRC International documents.


Defence's claim of signature forgery only a 'tactical manoeuvre'
12.15pm - DPP V Sithambaram says the attempt by the defence to call an expert witness at this juncture was only a "tactical manoeuvre", claiming that they could have done it earlier during prosecution case.
Sithambaram says this in his submission against the defence's application to call an expert witness to examine Najib Abdul Razak's signature on seven documents related to SRC International.
The defence is disputing the authenticity of the documents, with Najib saying that he has doubts that he had signed them. This was in contrast to his earlier statement to the MACC where Najib admitted that he did sign them.
"Since it is clear before and during the trial they were convinced of forgery, all the drama that they suspected forgery during trial was tactical manoeuvre to put prosecution at disadvantage.
"At stage where the prosecution has already closed its case," Sithambaram submits.
"They chose to ignore it and now choose to open it,"  he adds.
The government attorney also takes a swipe at the defence's argument that the prosecution had failed to get an expert witness to examine the documents when they were making their case against Najib.
Sithambaram argues that they didn't have to as the prosecution was relying on direct evidence in tendering the documents.

Najib's defence did not oppose admission as exhibits on disputed signatures
11.50am - Najib Abdul Razak's defence team did not oppose the admission of key SRC documents with his disputed signatures in the early stage of trial, the High Court hears.
DPP V Sithambaram argues this on why the court should not allow the former prime minister's application for an Australian handwriting expert be allowed to examine the authenticity of the accused's signatures on the crucial documents.
The DPP says the application was done in mala fide (bad faith) and a mere afterthought as it marks a "gostan" (U-turn) on their initial stance of allowing the admission of the documentary exhibits as evidence during the prosecution stage of trial last year.
"This application is an attempt to ask the court to unmark the documents which are already prosecution or defence exhibits, asking the court to renew its decision on flimsy and unsubstantiated grounds advanced by the defence. It is an afterthought," Sithambaram submits.


11.45am - Proceedings resume with DPP V Sithambaram (above) submitting why the High Court should not allow Najib Abdul Razak's application for an Australian handwriting expert to examine the accused's signatures on key SRC documents.

Defence wraps up submission on application to call expert witness
11.18am - Defence counsel Harvinderjit Singh wraps-up his submission for the defence's application to call an expert witness to examine Najib Abdul Razak's signatures on SRC International-related documents.
The court then goes for a short break, and expected to resume in 10 minutes with the prosecution making their submission on the same matter.

Aussie expert unable to verify signatures until allowed to examine actual docs
10.35am - An Australian handwriting expert can only determine the authenticity of Najib Abdul Razak's signatures on disputed key SRC documents if he is allowed to examine the actual documents, the High Court hears.
Defence counsel Harvinderjit Singh argues that the court needs to allow a Dr Steven to examine the 13 disputed documents because the Australian expert only examined scanned copies of the documents given to him by the defence in December last year.
"Dr Steven from Australia came back to us with a preliminary report. He said there is limitation as he could not determine if the documents have been manipulated or not until he sees the primary documents and until he examines the documents.
"Dr Steven is not coming here to dictate to my Lordship (judge Mohd Nazlan Mohd Ghazali)," Harvinderjit says.
The lawyer adds that this is because the expert is only to give evidence on one piece of evidence in the whole case.

Burden to prove authenticity of docs on prosecution - defence
10.15am - In his submission for the defence's application to call an expert witness to examine Najib Abdul Razak's signatures on documents related to SRC International, lawyer Harvinderjit Singh tells the court that they are disputing the authenticity of 13 documents tendered by the prosecution.
He says that the documents' authenticity had not been conclusively determined, and thus why the defence wanted to call an expert witness to examine them and testify in court.
Harvinderjit also took a jab on the prosecution, saying that the burden to prove the authenticity was supposed to be on the latter.
"They are the one who produced these documents," he says.
The counsel then refutes an earlier claim by the prosecution that Najib's defence team was trying to pull a "trial by ambush" by wanting to call the expert at the defence stage.
According to Harvinderjit, they have been disputing Najib's signatures on the documents since the prosecution stage of the case. 



Defence submits on bid for expert to determine authenticity of signatures 
9.46am - Defence counsel Harvinderjit Singh (above) begins submission on Najib Abdul Razak's application for an Australian handwriting expert to be allowed to examine and determine the authenticity of the accused's signatures on key SRC International documents.
These documents were relied on by the prosecution to prove the prima facie case against Najib over seven charges of abuse of power, criminal breach of trust and money laundering of RM42 million of funds from SRC International.
Najib was then the company's advisor emeritus, as well as the country's prime minister and finance minister.

9.44am - Najib Abdul Razak enters the dock as proceedings begin.

9.10am - Attorney-General Tommy Thomas enters the High Court and greets other members of the prosecution team.

9.04am - Former prime minister Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery.
Also seen in court awaiting proceedings to begin are members of the prosecution and Najib's defence teams.

Following his 1MDB audit tampering trial last week, former prime minister Najib Abdul Razak will undergo the 70th day of his RM42 million SRC International trial today.
When proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali starts around 9am this morning, the prosecution will resume the cross-examination of former finance minister Najib.
Back during previous proceedings on Jan 9, the court heard among others that Najib had not allowed then second finance minister Ahmad Husni Hanadzlah to go to Switzerland to bring back billions of ringgit of SRC's money because the latter allegedly did not have a proper plan to get back the funds.
Earlier during proceedings on that day, Najib's lead counsel Muhammad Shafee Abdullah informed the court that the defence would file an application to obtain an audio recording of the accused's purported 1MDB-linked conversations which were released by the MACC during a press conference on Jan 8.
Then on Friday last week (Jan 17), the prosecution confirmed that Shafee's law firm had filed the application and been served on them (prosecution).  - Mkini

1 comment:

  1. Reading news from bottom to the top from Malaysia kini lives report,what a joke.Walking backwards?

    ReplyDelete

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