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Monday, April 22, 2019

BANK NEGARA OFFICER HANDS OVER DOCUMENTS DEMANDED BY SHAFEE – BUT DO THEY PROVE ‘NAJIB WAS CLUELESS, IT WAS JHO LOW WHO SCHEMED WITH BANKER’: EX-PM’S DEFENCE ASKS FOR ‘MORE TIME’ TO GO THROUGH – WHILE PROSECUTION AGREES

4.05pm: The defence asks Judge Nazlan to let Farhan go and come back to continue cross examination on Wednesday as there is not enough time to go through all the emails in the folders today.
Shafee says they better proceed with witnesses that “are not so complicated” today and have Farhan come back another day. Nazlan agreed with no opposition from the prosecution.

4pm: Harvinderjit: Can you tell us if the thumb drives and the hard drive from Daniel Lee, Krystal Yap and Joanna Yu had any information on them? Is Shuhairizam able to tell us about what’s on the items?
Farhan: Yes.

Harvinderjit shows Farhan the two folders of emails which Farhan had given the court.
Harvinderjit: Can you tell me that if this is all the emails you have?
Farhan: These are all the email correspondences I have based on the search.
3.30pm: Harvinderjit asks Farhan to produce a search list of items confiscated in a raid on AmBank on July 6, 2015.
Farhan says a number of items were confiscated on that day, including one 10gb thumb drive from Daniel Lee, while two thumb drives, a 1tb hard drive, one blackberry and one Samsung Galaxy 4 were all confiscated from Joanna Yu during the raid.
Farhan says emails were extracted from the items seized and other sources. He says all the emails that have been seized during the raid are placed in two folders.
3.20pm: Farhan says he was requested by MACC to handover the blackberry to them in November 2015. He handed the phone to MACC officer Rosli Hussein.
Harvinderjit: What happened to Krystle Yap’s phone?
Farhan: I don’t know. I am not sure.
3.10pm: BNM senior investigating officer Ahmad Farhan Shariffudin takes the stand again. He says he managed to retrieve two emails from his records. However, a voice recording and a phone conversation could not be retrieved.
3pm: Court resumes with defence lawyer Harvinderjit Singh continuing his cross-examination for the defence. Witness Abdul Munir Othman has been let go after his cross examination.  THE MALAYSIAN INSIGHT
Bank Negara IO unable to confirm existence of Ambank transcripts
3.40pm – Fourth prosecution witness Ahmad Farhan Sharifuddin testifies that two smartphones, four USB flash drives and a one-terabyte hard disk drive were seized in the Bank Negara raid on Ambank’s Jalan Raja Chulan branch on July 6, 2015.
Farhan had been the investigation officer who led the raid.
During cross-examination by Harvinderjit, he says that a BlackBerry phone was seized from Ambank relationship manager Joanna Yu, and a Samsung Galaxy 4 was seized from banker Krystle Yap.
However, he could not confirm whether the items contained transcripts of Yu’s and other bankers’ conversation with other witnesses. 
This is because the items had been handed over to a Bank Negara forensic expert who conducted a forensic investigation into their contents.
Last week, judge Mohd Nazlan had ordered Farhan to come back to court and producethe items seized in the raid.
3.02pm  – Proceedings resume with Najib’s defence counsel Harvinderjit commencing the cross-examination of the fourth prosecution witness, who has been recalled.  – MKINI
LIVE COVERAGE OF TRIAL – DAY 6
NAJIB Razak’s SRC International trial enters its sixth day today and the fourth witness, Bank Negara investigating officer Ahmad Farhan Sharifuddin, is expected to return to the stand.
He was ordered last week by the court to retrieve further documents, if he has them, which detailed communication between AmBank bankers and key 1MDB key figures, including Jho Low.
Najib’s lead counsel Muhammad Shafee Abdullah told reporters last week that he hoped that communications would prove that no instructions came from the former prime minister regarding money transfers and that they came from people who claimed to be his nominees.
The defence intends to submit documents of its own to prove the point should Farhan fail to produce those documents, Shafee said.
The 10 are: Jho Low or Low Taek Jho; former SRC International CEO and director Nik Faisal Nik Ariff Kamil; former director Jerome Lee Tak Loong; former 1MDB finance executive director Terence Geh Choh Heng; former 1MDB general counsel Jasmine Loo Ai Swan; former 1MDB CEO Shahrol Azral Ibrahim Halmi; former SRC International CEO and president Mohammed Azhar Osman Khairuddin; former 1MDB CEO Ismee Ismail; former SRC International director Suboh Md Yasin and See Yok Peng.
Today, the prosecution may also raise the matter of a video of courtroom proceedings, which went viral after its publication over the weekend.
Najib’s former aide, Isham Jalil, uploaded a two-minute and 12-second video The fifth day Najib’s trial on Facebook on Saturday, which showed Shafee questioning a witness.
Police have opened an investigation into the publication of the court’s closed-circuit television recording. Isham said he would cooperate.
The Malaysian Insight brings you today’s proceedings live:
NAJIB Razak’s SRC International trial enters its sixth day today and the fourth witness, Bank Negara investigating officer Ahmad Farhan Sharifuddin, is expected to return to the stand.
He was ordered last week by the court to retrieve further documents, if he has them, which detailed communication between AmBank bankers and key 1MDB key figures, including Jho Low.
Najib’s lead counsel Muhammad Shafee Abdullah told reporters last week that he hoped that communications would prove that no instructions came from the former prime minister regarding money transfers and that they came from people who claimed to be his nominees.
The defence intends to submit documents of its own to prove the point should Farhan fail to produce those documents, Shafee said.
The 10 are: Jho Low or Low Taek Jho; former SRC International CEO and director Nik Faisal Nik Ariff Kamil; former director Jerome Lee Tak Loong; former 1MDB finance executive director Terence Geh Choh Heng; former 1MDB general counsel Jasmine Loo Ai Swan; former 1MDB CEO Shahrol Azral Ibrahim Halmi; former SRC International CEO and president Mohammed Azhar Osman Khairuddin; former 1MDB CEO Ismee Ismail; former SRC International director Suboh Md Yasin and See Yok Peng.
Today, the prosecution may also raise the matter of a video of courtroom proceedings, which went viral after its publication over the weekend.
Najib’s former aide, Isham Jalil, uploaded a two-minute and 12-second video The fifth day Najib’s trial on Facebook on Saturday, which showed Shafee questioning a witness.
Police have opened an investigation into the publication of the court’s closed-circuit television recording. Isham said he would cooperate.
The Malaysian Insight brings you today’s proceedings live:
5.10pm: Badrul has been let go.
The defence asks judge Nazlan to begin proceedings at 1pm tomorrow as it has a matter in the court of appeal tomorrow.
Harvinderjit, however, asks that it start at 12pm and said tomorrow’s witnesses are more recipients of the monies from Najib’s accounts
Nazlan agrees and adjourns the trial to tomorrow at 12pm.
4.50pm: The prosecution’s fifth witness, Badrul Hisham Mohamad, is back on the stand. Shafee asks to be excused as he has another matter to attend to and Justice Nazlan allows it.
Badrul Hisham is the AmBank cheque processing officer.
He is being asked again to mark and verify cheques which were made from Najib’s AmBank Islamic Account.
4.45pm: Manisah says her husband had worked with Najib for 24 years and passed away on June 21, 2013. She said Najib did not attend the funeral of her husband, Amiruddin Mohamad.
She is let go by the courts.
4.40pm: Shafee: Do you agree that Najib took special interest and care towards your family when your husband was sick?
Manisah: Yes.
Shafee: Was there a promise that if anything happened to your husband that Najib would guarantee that your children’s studies would be taken care of?
Manisah: There was no promise, but he gave me his word and kept to it that he would help.
She said she only used the money for her sons’ education and had never had any direct contact with Najib when it came to payments.
4.35pm: Shafee says the cheque she received was in 2015. He also tells the court that her husband died in 2013.
The lawyer asks Manisah if she remembered receiving RM9,360 in 2013, also given to help pay for her children’s education.
Shafee asks if she also received another RM29,525 from Najib as help for her children’s education in 2014.
Manisah replies that she remembered both payments.
4.30pm: Shafee begins his cross examination on Manisah.
Shafee: Were you asked to give a statement on this case?
Manisah: Three times, this year.
Shafee: Who is the officer that took your statement?
Manisah: I don’t remember.
4.25pm: Manisah says after her husband had passed away, Najib told her that he would help pay for her two son’s education.
Najib had given her RM13,800 in total.
She says she received the cheque from a “Mr Khairul” who worked in the same office as her husband in the Prime Minister’s Department.
Manisah says she was not sure if the cheque was for her children’s education but it was the money she received after Najib’s promise.
She says the sum was used to pay for her son’s education and her children’s tuition fees for every semester for that particular year.
4.15pm: Manisah says her husband had served as Najib’s private secretary when he was education minister.
After Najib was promoted to deputy prime minister, he had requested for her husband to work in his office till he became the prime minister.
Manisah says her husband had died of stage 4 intestinal cancer and that Najib had visited him when he was admitted at the Prince Court hospital.
4.10pm: Manisah Othman, 59, from the Department of Statistics Malaysia takes the stand.
Her late husband worked in the Prime Minister’s Department as a liaison officer in Boustead holdings prior to his death.
4.05pm: The defence asks Judge Nazlan to let Farhan go and come back to continue cross examination on Wednesday as there is not enough time to go through all the emails in the folders today.
Shafee says they better proceed with witnesses that “are not so complicated” today and have Farhan come back another day. Nazlan agreed with no opposition from the prosecution.
4pm: Harvinderjit: Can you tell us if the thumb drives and the hard drive from Daniel Lee, Krystal Yap and Joanna Yu had any information on them? Is Shuhairizam able to tell us about what’s on the items?
Farhan: Yes.
Harvinderjit shows Farhan the two folders of emails which Farhan had given the court.
Harvinderjit: Can you tell me that if this is all the emails you have?
Farhan: These are all the email correspondences I have based on the search.
3.30pm: Harvinderjit asks Farhan to produce a search list of items confiscated in a raid on AmBank on July 6, 2015.
Farhan says a number of items were confiscated on that day, including one 10gb thumb drive from Daniel Lee, while two thumb drives, a 1tb hard drive, one blackberry and one Samsung Galaxy 4 were all confiscated from Joanna Yu during the raid.
Farhan says emails were extracted from the items seized and other sources. He says all the emails that have been seized during the raid are placed in two folders.
3.20pm: Farhan says he was requested by MACC to handover the blackberry to them in November 2015. He handed the phone to MACC officer Rosli Hussein.
Harvinderjit: What happened to Krystle Yap’s phone?
Farhan: I don’t know. I am not sure.
3.10pm: BNM senior investigating officer Ahmad Farhan Shariffudin takes the stand again. He says he managed to retrieve two emails from his records. However, a voice recording and a phone conversation could not be retrieved.
3pm: Court resumes with defence lawyer Harvinderjit Singh continuing his cross-examination for the defence. Witness Abdul Munir Othman has been let go after his cross examination.
Former prime minister Najib Razak returning to his trial after the lunch break today. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
Former prime minister Najib Razak returning to his trial after the lunch break today. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
2.40pm: Court started later than expected, at 2.30pm. Proceedings were supposed to resume at 2pm.
As Justice Nazlan took his seat, Shafee’s son Muhammad Farhan Muhammad Shafee, who is part of Najib’s defence team informs the judge that the team is delayed as his father is stuck in another case, and apologises. The judge leaves the courtroom.
12.30pm: Abdul Munir Othman, trustee of Rumah Penyayang Tun Abdul Razak, testifies.
Munir said he received a cheque of RM400,000 as he is a trustee of Rumah Penyayang Tun Abdul Razak. The cheque was made out to the trustees.
The money was used to pay salaries, food, maintenance, transport costs, among others, for the daily operations of the home.
Munir said he had asked for the money and would ask whenever he needed it.
He received the cheque personally from Najib.
Abu Talib Alias, secretary for Umno Johor Baru division since 2013, identifies former prime minister Najib Razak as ‘Apa malu bossku’, providing some hilarity in the courtroom. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
Abu Talib Alias, secretary for Umno Johor Baru division since 2013, identifies former prime minister Najib Razak as ‘Apa malu bossku’, providing some hilarity in the courtroom. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
12.28pm: Azlin, senior private secretary to Najib, died in a helicopter crash in 2015.
The previous witness, Talib, is asked to identify Najib in the courtroom.
He then said “Apa malu bossku.”
The courtroom laughs, including Najib.
11.53am: Talib said he saw Azlin, who handed an envelope with a cheque for RM300,000 made out to Umno Johor Baru division.
He banked in the cheque immediately in Maybank Putrajaya.
11.50am: Talib got a call from the late Azlin Alias to come to the PM’s office in Putrajaya to collect a cheque. He told Shahril Samad (Johor Umno head) that he had been instructed to collect the cheque. He went on a Monday to collect the cheque.
11.47am: Talib said he received cheques from the Prime Minister’s Department in 2015.
11.44am: Abu Talib Alias, secretary for Umno Johor Baru division since 2013, takes the stand.
11.31am: Asmadi told the division that he has RM50,000 for use for all programmes in the division HQ. The funds were also used to hire lay teachers to conduct extra classes.
The money was not formally added into the division accounts, he said, but used transparently and it was known by the division that Asmadi had funds for programmes.
11.17am: DPP Muhammad Saifuddin Hashim Musaimi grills Asmadi.
Saifuddin: What did you do with the money?
Asmadi: We launched programmes that involved schools, NGOs and many associations that have asked Umno for help.
Saifuddin: Is there still any money left?
Asmadi: It is all finished.
Shafee then cross-examines him.
11.11am: “He gave me confidence and also funds to help my division in the form of a cheque,” Asmadi tells the court.
He said he received RM50,000 and the cheque was made out to Asmadi’s name.
He received the cheque in that first meeting with Najib.
11.08am: The Padang Serai Umno division head said he met Najib personally when he was elected as head of the division in 2013.
He met Najib for the first time in 2014 at Umno’s HQ in the Putra World Trade Centre where they discussed Asmadi’s experience as a branch head and plans for the party in the next GE.
11.05am: The next witness is Asmadi Abu Talib, a retired teacher, who was the BN candidate in GE14 for the Merbau Pulas state seat in Kedah.
11.02am: Court resumes session.
Daud Muhamad, owner of Syadilah Enterprise, says he built two water towers at former prime minister Najib Razak’s home in Pekan. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
Daud Muhamad, owner of Syadilah Enterprise, says he built two water towers at former prime minister Najib Razak’s home in Pekan. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
10.45am: Daud steps down after 45 minutes of questioning. The court takes a recess of five minutes.
10.37am: The Sri Kayangan water tanks can supply about 1,000 people, Daud said.
Shafee asks if the installation of the water towers was a luxury or a necessity. Daud answered that it was a necessity.
10.27am: Shafee asks if Daud would define himself as a small contractor.
Daud replied: Yes relatively small. I have four workers under me.
Shafee: Is it true that the official residence known as Sri Kayangan in Pekan is also the BN headquarters for Pekan?
Daud: Yes, true.
10.22am: Shafee begins his cross-examination on Daud by asking him if MACC (Malaysian Anti-Corruption Commission) had taken his statement.
Daud said yes, he was questioned by the MACC in 2015.
10.16am: Daud said that in total he received RM77,300 for the work done in Najib’s house. He was paid in the form of a cheque from the caretaker.
The cheque was paid from Najib’s AmBank Islamic account in 2015.
10.10am: It costs RM67,000 to build the two towers. He said other than building the towers, he did some other maintenance work, such as servicing air-conditioners, electrical works and fixed a leak on the house roof.
The other works came to RM9,450.
10.07am: Daud Muhamad, who owns Syadilah Enterprise, takes the stand.
The 57-year-old’s company is in Pekan, Pahang, where he was commissioned to build two water tank towers in Najib’s family home there.
10am: Defence received documents from Farhan. Defence lawyer Harvinderjit Singh requests more time go through documents. Prosecution agrees to call next witness.
9.57am: On the specific matter, a police report has been lodged, said the judge.
The court cannot prejudge this matter. The incident in question constitutes contempt is not before this court, Nazlan said.
As assistant carrying cushions into the courtroom at former prime minister Najib Razak’s trial today. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
As assistant carrying cushions into the courtroom at former prime minister Najib Razak’s trial today. – The Malaysian Insight pic by Najjua Zulkefli, April 22, 2019.
“A general reminder that any recording of the proceedings should not be shared or uploaded on social media. The CRT is for the defence and prosecution to transcribe their notes.”
9.50am: Shafee suggests that the judge can give a directive against mischievous reporting by journalists that the whole day’s proceedings be uploaded. This is to ensure no biased reporting against the defence.
9.45am: Sithambaram said the CRT was given in the undertaking that it will be used for the trial just to make sure the notes of the trial are accurate.
“You cannot upload this. This is the undertaking in which the CRT is given.
He said the parties must be bound by the undertaking. The defence can share the video with a client but the client is also bound by the undertaking. “We do not want a circus to take place,” he said.
9.30am: Shafee defends video’s leak, saying there’s nothing wrong with providing his client or client’s agents the recording. It’s common practice.
Shafee also said they applied for a gag order but the prosecution objected. If they didn’t object, the video wouldn’t have been uploaded.
Shafee: We are more than happy to have this trial streamed live in the whole country. What harm has the recording caused to anybody? Let everything be transparent. Let this case be an open justice like the case of OJ Simpson and the blade runner (Oscar Pistorious murder case in South Africa) that was aired live to the public.
(The legal term for the recording is a court recording transcript – CRT.)
9.25am: Public and social media user should be warned not to upload these videos without court authorisation as they would be in contempt of court.
9.20am: Court begins with judge Mohd Nazlan Mohd Ghazali entering the chambers. Prosecution V. Sithambaram is bringing up the court recordings made public via Facebook last week.
The prosecution said the recording is only given to the defence and the prosecution for their private use.
The prosecution and defence cannot under any circumstance distribute it, copy or give it to a third party.
9.13am: Proceedings have not started yet as the defence, led by Muhammad Shafee Abdullah, is not in the courtroom yet. Najib is seated outside the dock on a bench checking his smartphone and chatting with someone next to him.
8:51am: Najib arrives at the court. THE MALAYSIAN INSIGHT
THE MALAYSIAN INSIGHT /MKINI

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