The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 25th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Ex-SRC boss unsure if Swiss bank deposits came from KWAP loan
- Witness: Najib not a signatory of SRC accounts
- Prosecution and defence clash over document
- Not too fast, DPP tells defence to go slow with Ismee
- Ismee's transcripts: Defence to decide later on next course of action
Ex-SRC boss unsure if Swiss bank deposits came from KWAP loan
11.42am - Former SRC International chairperson Ismee Ismail admits he is uncertain whether funds deposited by the former 1MDB subsidiary in a Swiss bank between 2011 and 2013 came from the loan given by the Retirement Fund Incorporated (KWAP) to the company.
The 39th witness says this during cross-examination by lawyer Harvinderjit Singh.
Ismee was testifying about a visit he made to check whether funds from the KWAP loan were at the Swiss bank.
Ismee’s visit to Switzerland with the SRC International board of directors took place in Sept 2013.
Harvinderjit: With regard to (Ismee's visit to) Switzerland, you cannot actually tell that the money there came from KWAP.
Ismee: True.
Ismee also agrees with Harvinderjit's contention that the former SRC International chairperson was also unsure whether any funds from the KWAP loan were transferred to international banks like Falcon Bank or Julius Baer Bank in Hong Kong.
KWAP issued an RM4 billion loan to SRC International between August 2011 and March 2012.
Najib Abdul Razak is facing charges of abuse of power, graft, and money laundering in relation to RM42 million from SRC International.
Witness: Najib not a signatory of SRC accounts
11.05am - Former SRC International chairperson Ismee Ismail agrees that then prime minister Najib Abdul Razak was never a signatory of the company's bank accounts, and thus could not have been directly involved in disbursing RM1.8 billion for overseas investment.
The funds came from an RM2 billion loan given to SRC International from the Retirement Fund Incorporated (KWAP).
He says this while being cross-examined by lawyer Harvinderjit Singh on whether it was the company's board of directors (BOD) that made the decision to send the RM1.8 billion overseas.
Harvinderjit was referring to documents in which SRC International's director Nik Faisal Ariff Kamil told the BOD that an application had been made to Bank Negara for the remittance of the RM1.8 billion.
Harvinderjit: The prime minister cannot just sign to allow the money to automatically be transferred out from the company.
Ismee: Yes.
Harvinderjit: The prime minister as emeritus adviser (to SRC International) was never a signatory of any account of SRC International?
Ismee: Yes.
Prosecution and defence clash over document
11am - DPP V Sithambaram and defence lawyer Harvinderjit Singh clash over the latter's insistence that former SRC International chairperson Ismee Ismail produce a certain court document.
Sithambaram informs High Court judge Mohd Nazlan Mohd Ghazali that following the perusal of the witness' transcripts yesterday, they came across the said document.
Sithambaram: Yesterday when we adjourned the matter for review evidence, we came across the document which my learned friend (Harvinderjit) has been asking for the witness (Ismee) to produce many times. We actually sent the document they requested and it has been served long ago. The issue has always been if there has been an ultimate shareholder's resolution. I bring it up so my learned friend can ask about it during cross-examination. I do not want them to later say that we sprung a surprise.
Harvinderjit: I question why you point out this document. My cross-examination is almost finished, it would have been appropriate to raise it after I am finished. Our reading of the evidence-in-chief (of Ismee) suggests that there was another resolution, but none was shown to him (Ismee). I will come to that in due course.
Sithambaram: I am not trying to cast prejudice on the defence. Just trying to point out the document. I just want to make sure there is no delay (in the proceedings).
Harvinderjit then resumes cross-examining 39th witness Ismee.
Not too fast, DPP tells defence to go slow with Ismee
9.30am - DPP V Sithambaram interjects the cross-examination on witness Ismee Ismail, saying that defence lawyer Harvinderjit Singh was going too fast with his questions.
Sithambaram says that Harvinderjit should allow Ismee (below), who is the former chairperson of SRC International, to understand questions posed to him properly and give him time to answer.
This takes place when Ismee is seen having a hard time grasping questions from Harvinderjit regarding the decision-making process of the SRC International board of directors in 2011.
At one point, Ismee is heard asking Harvinderjit to repeat and rephrase his question, which delved into whether the board had independence in making a decision.
Ismee's transcripts: Defence to decide later on next course of action
9.15am - Najib Abdul Razak's defence counsel Harvinderjit Singh informs the court that the defence will make a decision later on their next course of action, following perusal of former SRC International's chairperson Ismee Ismail's court transcripts.
"We have looked at the transcripts over the past four days (of trial). We will deal (with it by making a decision) in due course," the lawyer informs High Court judge Mohd Nazlan Mohd Ghazali.
Yesterday, the court allowed the defence's application to adjourn the trial to today in order to check for alleged material contradiction in Ismee's oral evidence in court since Monday.
Najib enters dock as trial gets underway
9.10am - Najib Abdul Razak enters the dock as proceedings begin.
Najib's lead defence counsel Muhammad Shafee Abdullah enters court a short while later.
Former SRC International chairperson Ismee Ismail takes the stand.
9.07am - Accused Najib Abdul Razak enters court and takes a seat in the front row of the public gallery to await proceedings to begin.
Also seen in court is his defence counsel Harvinderjit Singh and other members of the defence team, as well as Attorney General Tommy Thomas and other DPPs.
8.25am - The alleged contradiction in former SRC International chairperson Ismee Ismail’s testimony about whether the company’s board of directors (BOD) acted for its advisor emeritus Najib Abdul Razak or its shareholder is at the forefront of the 25th day of the former prime minister’s RM42 million SRC International trial.
When proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali begins at 9am today, the defence team will inform the court about their next course of action after having gone through the 39th witness’ complete court transcript since the witness took the stand on Monday this week.
Yesterday around midday, Najib’s lead counsel Muhammad Shafee Abdullah had sought a sudden adjournment of trial to this morning to allow the defence to peruse Ismee’s court transcript to check for any contradiction in the witness’ testimony.
Nazlan had allowed the adjournment bid, with Shafee saying that the defence needed the rest of yesterday “afternoon and night” to go through the court transcripts.
DPP V Sithambaram said the prosecution has no objection to the application, following Ismee’s oral evidence yesterday which allegedly contradicted what was stated in his witness statement filed earlier in court.
Yesterday, following a contentious cross-examination by Najib’s defence counsel Harvinderjit Singh (below), Ismee testified that SRC International’s BOD acted based on its shareholder’s resolution.
According to his witness statement in writing which he read out in court on Monday, the company’s BOD took serious consideration and implement the advice of its advisor emeritus Najib. He added that Najib was the sole shareholder who had control over SRC International.
This turn of events led to Harvinderjit seeking a brief stand down of proceedings, which was allowed by Nazlan. Then members of the defence and prosecution were seen trooping into the judge’s chambers to argue over the issue.
Once they re-emerged from the chambers and proceedings reconvened, Shafee made the adjournment application which Nazlan allowed.
Over the course of proceedings since Monday, Ismee and Harvinderjit at times clashed over several issues, among them being the extent of Najib’s influence over SRC International's financial management and whether its board required then finance minister Najib's approval for the company’s transaction.
SRC International was a subsidiary of 1MDB when incorporated in January 2011. However, the company was fully acquired by the Minister of Finance Incorporated in early 2012.
The company had obtained a total of RM4 billion in loans from Retirement Fund Incorporated (KWAP), with the first RM2 billion tranche received in August 2011 and the second RM2 billion tranche in March 2012. - Mkini
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