The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 17th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Minutes don't show Najib coerced KWAP investment panel - witness
- KWAP investment panel not bound by external orders
- Witness: KWAP fixed income dept could've rejected SRC loan bid
- Dates for Najib and Irwan Serigar's CBT trial fixed
- Shafee's case mention ends, trial awaits judge
- Delay due to Shafee mention
Minutes don't show Najib coerced KWAP investment panel - witness
12.45pm - 35th witness Azlida Mazni Arshad testifies that the KWAP investment panel minutes did not show that panel members were coerced by then prime minister Najib Abdul Razak to approve a loan totalling RM4 billion to SRC International.
The KWAP vice-president says this during cross-examination by Najib's counsel Harvinderjit Singh.
Harvinderjit: There are no minutes on the KWAP investment panel saying they approved the loan because it was instructed by the prime minister (Najib in 2011 and 2012)?
Azlida: Not in the minutes.
Harvinderjit: If it were true, it would have been in the minutes?
Azlida: Yes.
Harvinderjit: There were no minutes of the investment panel where it was noted that they (KWAP investment panel members) had no choice but to approve the loan to SRC International, (regardless of) whether it was for the first or second loan?
Azlida: Yes.
Harvinderjit: Otherwise, they would have breached their duty to KWAP?
Azlida: Yes.
KWAP investment panel not bound by external orders
12.25pm - Witness Azlida Mazni Arshad testifies that KWAP's investment panel is not bound by the instruction of any person or body regarding matters under the purview of the retirement fund for public servants.
During cross-examination by accused Najib Abdul Razak's lawyer Harvinderjit Singh, the 35th witness agrees with the question by the lawyer on the matter.
Harvinderjit refers to section 14 of the Retirement Fund Act 2007, which states that the panel can only decide on loans for investment-related matters which brings profits to the fund.
Harvinderjit: The investment panel cannot approve loans where terms are not remunerative to the fund?
Azlida: Yes.
Harvinderjit: Otherwise, they commit a criminal offence where they face a possible RM2 million fine or maximum 10 years’ jail. Every investment panel member is bound by this?
Azlida: Yes.
Azlida also confirms to Harvinderjit that the panel does not need to secure ministerial approval.
In response to his query whether the panel is bound by the instruction of the prime minister, deputy prime minister or any other minister, she merely says, "Ideally they are not bound."
Witness: KWAP fixed income dept could've rejected SRC loan bid
12pm - Retirement Fund Inc (KWAP) vice-president (legal and secretarial affairs) Azlida Mazni Arshad (photo) testifies that the fund's fixed income department (FID) could have rejected SRC International's loan application.
During cross-examination by defence counsel Harvinderjit Singh, she agrees that there are two levels of authorisation that need to be passed before a panel investment paper prepared by FID personnel is presented to the KWAP investment panel.
Azlida also agrees that the two authorities involved - namely the head of department for FID, and KWAP CEO - could choose not to sign the paper should they feel that something is not right.
Harvinderjit: If a member of FID finds that loan applicant is questionable, would they put this (concern) in paper?
Azlida: Yes.
Harvinderjit: You have a vice-president (in charge) of FID. There is no compulsion for them to sign (papers)?
Azlida: Yes.
Harvinderjit: In fact if anybody force them to sign, will a police report be lodged?
Azlida: Yes.
Harvinderjit: Having signed the investment paper, FID members are bound to what they say?
Azlida: Their proposals? Yes.
Harvinderjit: (refers to an investment panel paper) Here we have 19/2011 investment panel paper. Prepared by FID?
Azlida: Yes.
Harvinderjit: Page 14. In preparation of this (paper), there's two layers. The HOD (head of department) and CEO?
Azlida: Yes.
Harvinderjit: If any of three persons (HOD, CEO, and person preparing the paper) find anything lacking in the investment paper, they can choose not to sign?
Azlida: Yes.
Harvinderjit: It is their duty to act in the best interests of KWAP?
Azlida: Yes.
The witness, in her testimony, also agrees to a question put by Harvinderjit that the panel investment paper prepared by FID was a recommendation to the investment panel, and that it was approved by the head of FID and KWAP CEO.
Harvinderjit: The panel was invited to deliberate and consider on the following. The FID did not recommend this?
Azlida: They recommended it.
Harvinderjit: When members of the FID have prepared and HOD reviewed (a paper), and signed off there, we take it as though they are representing to the CEO and investment panel, that whatever is being proposed and recommended here should be seriously considered by the investment panel?
Azlida: Yes.
The court then takes a short break. It is expected to resume with more questions by Harvinderjit.
Dates for Najib and Irwan Serigar's CBT trial fixed
10.40am - Judge Mohd Nazlan Mohd Ghazali fixes Jan 6 next year for the first day of Najib Abdul Razak and former Treasury secretary-general Mohd Irwan Serigar Abdullah's (below) criminal breach of trust trial involving RM6.64 billion.
He sets the dates during mention of the case before him today.
The other dates set are Jan 7-9, 20-23, 27-30, then Feb 3-6, 10-13,17-20, 24-27, and March 2-5, 9-12, to April 6-9, 13-16, 20-23, 27-30.
Irwan is not present as he is allowed to be exempted from today's proceedings.
After this proceeding, Najib's SRC International trial begins.
Shafee's case mention ends, trial awaits judge
10.30am - Accused Najib Abdul Razak and his lead counsel Muhammad Shafee Abdullah enter the court again.
Shafee has just wrapped up his separate money laundering case mention before Kuala Lumpur High Court judge Collin Lawrence Sequerah.
Shafee and other members of the defence team are seen preparing at the front of the court for the proceedings to commence.
Attorney-General Tommy Thomas is also seen in court with other members of the prosecution.
However, it is understood that judge Mohd Nazlan Mohd Ghazali will first attend to a separate unrelated case mention, before proceeding with Najib's SRC International trial.
The former premier enters the dock to await proceedings.
Najib steps out of court
10.04am - Proceedings for the day have yet to start so accused Najib Abdul Razak steps out of court.
Najib's lead defence lawyer Muhammad Shafee Abdullah is not seen in court as he is still attending to his separate money laundering case at another High Court.
Delay due to Shafee mention
9.02am - Clad in a black suit and blue tie, accused Najib Abdul Razak enters court and takes a seat at the front row of the public gallery.
However, his lead counsel Muhammad Shafee Abdullah (above) is first attending mention of his (Shafee) money laundering case before another Kuala Lumpur High Court.
Once the case mention is done before judge Collin Lawrence Sequerah, Shafee will proceed to the SRC International trial.
All eyes will be on the line of questioning that Najib Abdul Razak’s defence team has prepared for the cross-examination of Azlida Mazni Arshad in the former prime minister’s SRC International trial at the Kuala Lumpur High Court at 9am this morning.
This is due to Azlida's testimony during the prosecution’s examination-in-chief on Thursday last week.
She is the 35th witness and Retirement Fund Incorporated (KWAP) vice-president of legal and secretarial affairs.
Azlida testified as to how the then premier Najib had urged the retirement fund for public servants to expedite the approval of a RM2 billion loan to SRC International.
The hearing before judge Mohd Nazlan Mohd Ghazali was told that the accused made the request through then KWAP chairperson Wan Abdul Aziz Wan Abdullah.
She said this was followed by KWAP's then CEO Azian Mohd Noh briefing the fund's special investment panel in a July 19, 2011 meeting. The witness had minuted the meeting.
In 2011, Najib was then also finance minister and chairpersonn of 1Malaysia Development Bhd’s board of advisors.
SRC International was then a subsidiary of 1MDB, but later in Feb 2012 the former (SRC International) had its ownership transferred from 1MDB to Minister of Finance Incorporated (MOF Inc).
Past testimonies pointed to SRC International receiving a total RM4 billion in loans from KWAP in two main tranches - first RM2 billion in Aug 2011 and the second RM2 billion in March 2012.
The witness had also given oral evidence on how, during the same July 19, 2011 meeting, the special investment panel agreed that RM2 billion loan was too high due to concern on SRC International’s RM2 paid-up capital, and had initially only agreed to grant an RM1 billion loan.
- Mkini
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