TIP OFF NAJIB ABOUT ‘SUSPICIOUS’ AMOUNTS IN HIS OWN BANK A/CS – BUT THAT’S LIKE TELLING A THIEF HIS THEFTS HAVE BEEN DETECTED! YET NAJIB’S LAWYERS NOW TRY TO BLAME AMBANK & BANK NEGARA – IF YOU HAD WARNED NAJIB OF ‘SUSPICIOUS TRANSACTIONS’, HE WOULD HAVE ‘PROTECTED HIMSELF’

UALA LUMPUR— Datuk Seri Najib Razak would not be alerted if suspicious transactions were detected in his personal bank accounts as it would go against the country’s anti-money laundering law, a central bank official told the High Court today.

Bank Negara Malaysia (BNM) manager Ahmad Farhan Sharifuddin confirmed that anti-money laundering laws require reporting institutions such as banks to report suspicious transactions in their clients’ accounts to BNM via Suspicious Transaction Reports (STR).

Ahmad Farhan was the BNM investigating officer in charge of a probe on the AmBank Group over its failure to give the STR on multiple transactions in six accounts — including four of Najib’s current accounts and two credit card accounts linked to him, which the bank was later fined for in November 2015.

Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah asked the central bank official if he thought the former prime minister would equally be alerted if AmBank found suspicious transactions.

“Would you agree if AmBank had done their job and submitted suspicious transaction report to Bank Negara, the account holder would have been alerted to protect himself?”

But Ahmad Farhan replied that this would not be allowed under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

“There is a specific provision under AMLA that prevents tipping off.

“The reporting institution should not disclose. They only submit STR, the reporting institution not allowed to disclose to the person.

“Your question is saying whether Datuk Seri Najib should be alerted. That one is tipping off,” he said in court.

Shafee then persisted in asking the same question.

But Ahmad Farhan replied: “I would have to disagree, because that’s tantamount to tipping off which is prohibited under AMLA.”

Shafee then asked if Najib would have been called if the suspicious transactions detected resulted in investigations by the police and the Malaysian Anti-Corruption Commission.

“If AmBank had reported STR transaction by transaction, then there’s a possibility that Bank Negara in the investigation or any of the enforcement agencies like MACC or the police would have to call the account holder to explain the suspicious transaction. That’s not tipping off, that’s investigating,” Shafee asked.

Ahmad Farhan declined to answer the hypothetical question.

“I have no comment. That one is inference question, you say should have My answer to your question is I have no comment.”

Ahmad Farhan pointed out that the hypothetical scenario did not happen when Shafee continued to press him on the matter.

“In the first place, STR was not submitted to us,” the witness said, drawing laughter from those present in the courtroom.

Ahmad Farhan, a manager at BNM’s Financial Intelligence and Enforcement Department, today explained that STR received by the central bank would be sent to a separate BNM unit that analyses and examines the STR.

Ahmad Farhan said the STR would be analysed to identify any potential offences such as corruption before the information is forwarded to the relevant enforcement agencies for the latter to carry out investigations.

Ahmad Farhan is the fourth prosecution witness in Najib’s ongoing trial involving seven charges of abuse of position, money-laundering and criminal breach of trust over RM42 million of former 1MDB unit SRC International Sdn Bhd’s funds.

Today is Day 15 of Najib’s trial before High Court judge Mohd Nazlan Mohd Ghazali, which is set to resume after a 30-minute break.

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