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Monday, February 17, 2020

Najib SRC trial: Defence application to quiz MACC IO to be heard on Monday


DAY 80 | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 80 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 application to quiz MACC IO to be heard on Monday
  • Najib defence seeks court order to compel MACC IO to be interviewed 

Thank you for following Malaysiakini's live report
1.15pm - Thank you for following our live report today.

Proceedings adjourn for the day
1pm - The trial is adjourned for the day and scheduled to resume next week Monday. 

11.32am - High Court judge Mohd Nazlan Mohd Ghazali allows proceedings to adjourn to Monday next week.
This follows housekeeping discussion between Najib Abdul Razak's defence team and the prosecution team in relation to the defence's application to compel a MACC IO to be interviewed by the defence prior to testifying in court.
The MACC IO in question is MACC assistant commissioner Mohd Nasharudin Amir, who is a defence witness in Najib's trial for abuse of power, criminal breach of trust and money laundering involving RM42 million from SRC International.
Today is the last scheduled day for Najib's RM42 million SRC International trial, with the accused set to undergo resumption of his RM2.28 billion 1MDB trial before a separate Kuala Lumpur High Court tomorrow (Feb 18) and Friday (Feb 21) this week.
The former prime minister's SRC International trial is scheduled to go from Monday to Thursday next week.
Aside from Nasharudin, other potential witnesses that Najib's defence may call are Putra Perdana Construction director Rosman Abdullah and Australian handwriting expert, Dr Steven Strach.
During the prosecution stage of the SRC trial last year, Putra Perdana Construction came up during testimony before the court.
Strach is the Australian handwriting expert who was allowed by the court to analyse Najib's disputed signatures on key SRC documents.

11.21am - Proceedings resume after a brief break.

Defence application to quiz MACC IO to be heard on Monday
10.48am - The High Court has fixed Monday next week to hear an application by Najib Abdul Razak's defence team to interview a MACC investigating officer prior to taking the stand as a defence witness.
Justice Mohd Nazlan Mohd Ghazali sets the hearing date to allow both Najib's defence team and prosecution to prepare submissions on the issue.
The witness in question is MACC assistant commissioner Mohd Nasharudin Amir.
The proceedings take a short break.


Najib defence seeks court order to compel MACC IO to be interviewed 
10.10am - Lead defence counsel Muhammad Shafee Abdullah (above) makes an oral application for a court order to compel a MACC investigating officer involved in Najib Abdul Razak's RM2.28 billion 1MDB case to be interviewed by the defence team prior to the officer testifying in court.
Shafee informs High Court judge Mohd Nazlan Mohd Ghazali that this is because MACC assistant commissioner Mohd Nasharudin Amir declined to be interviewed by the defence team, prior to him (Nasharudin) testifying as the seventh defence witness in court today.
Shafee argues that the defence interviewing Nasharudin prior to testimony is vital to a fair trial for Najib's defence stage of trial.
"We have right to interview the witness so we can get from him the relevant evidence so that no-nonsense evidence come into court in order to ensure a fair trial," Shafee says.
Attorney-General Tommy Thomas argues that a witness can opt to not be interviewed before taking the witness stand, as it is a normal process and that the power has no power to compel such witness to be interviewed beforehand.
"If (defence team) cannot meet witness or not meet, this is not the first time it happens, and the (defence) lawyer must make judgement call (whether to even call such witness or not)," Thomas says.
Thomas (above) indicates to the court that Nasharudin is already in the witness room and that he is ready to take the stand as the seventh defence witness, regardless of whether the witness wanted to be interviewed by the defence team or not.

10.06am - Former prime minister Najib Abdul Razak enters the dock as proceedings begin.
MACC assistant commissioner Mohd Nasharudin Amir is expected to take the witness stand as the seventh defence witness in Najib's trial for abuse of power, criminal breach of trust and money laundering involving RM42 million of funds from SRC International.
Mohd Nasharudin was an investigating officer in the 1MDB probe.

9.59am - Accused Najib Abdul Razak enters the High Court and takes a seat at the front row of the public gallery.
Also seen in court awaiting proceedings to begin are Attorney-General Tommy Thomas and other DPPs, as well as members of the former prime minister's defence team.

9.20am - Former prime minister Najib Abdul Razak's RM42 million SRC International trial before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali will start later than 9am.
A court official confirms that this is because the accused's defence team has to attend to a separate court matter before High Court judge Mohamed Zaini Mazlan this morning.

An investigating officer in the 1MDB probe will testify as the seventh defence witness on the 80th day of former premier Najib Abdul Razak's RM42 million SRC International trial today.
On Thursday last week, lead defence counsel Muhammad Shafee Abdullah informed this to the Kuala Lumpur High Court. 
When proceedings before Justice Mohd Nazlan Mohd Ghazali resumes around 9am this morning, Shafee is also expected to inform the court on the status of completion of a report by an Australian handwriting expert into the disputed signatures of Najib on key SRC documents.
On Thursday last week, Nazlan had asked Shafee to update the court on the status of completion of the report, and the lawyer told the court that the report can be ready the latest by Feb 26
This is because the prosecution needs to be able to access the report and peruse it before it could come up with its next course of action.
On Jan 22, Nazlan allowed Najib's bid for the Australian expert to examine the authenticity of the accused's signatures on the documents which are crucial to the prosecution's case. 
During proceedings last week, sixth defence witness, former foreign minister Anifah Aman, among others, testified that he heard then minister in the Prime Minister's Department, Jamil Khir Baharom, confirming to Najib that then Saudi ruler King Abdullah Abdulaziz al-Saud had promised him (Najib) financial donation into his personal bank account. 
However, during cross-examination by DPP V Sithambaram, Anifah testified that the promise was made at the sidelines of an official Malaysian delegation visit to Saudi Arabia from Jan 13 to Jan 16, 2010. 
Two previous defence witnesses, former Malaysian ambassador to Saudi Arabia Syed Omar Syed Mohamad al-Saggaf and Jamil Khir, who testified that the promise was made by King Abdullah to Najib at the sidelines of an informal meeting at Riyadh before the official Malaysian visit to the Middle Eastern kingdom on Jan 13, 2010.  - Mkini

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