The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 27th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Judge asks defence to clarify relevance of questions
- Witness: I was told SRC needed money urgently
- Nothing wrong with SRC asking MOF to expedite guarantee - witness
- Witness: Gov't burden would be reduced if Swiss account unfrozen
- 'No guarantee for RM2b to SRC without Najib's approval'
- Gov't loaned SRC hundreds of millions to pay KWAP back - witness
- 'SRC told MOF it didn't pay back RM4b because account frozen'
- 'Najib signed gov't guarantee letter for RM2b loan to SRC'
- Cross-examination of ex-deputy cabinet sec-gen postponed
- Ex-PM enters court
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5.30pm - Thank you for following our live report today.
Judge asks defence to clarify relevance of questions
5.15pm - The defence's line of questioning towards witness Afidah Azwa Abdul Aziz causes Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali (below) to interject and ask about the questions' relevance.
This takes place during cross-examination of the Finance Ministry’s Strategic Investment Division deputy secretary by Najib Abdul Razak's lawyer Farhan Read.
Farhan is asking Afidah about the minute details of what the government would have had to do if SRC International defaulted on its loans to Retirement Fund Incorporated (KWAP).
The government had served as a guarantor for various loans granted to the former 1MDB subsidiary.
SRC International was granted loans totalling RM4 billion from KWAP between late 2011 and early 2012.
The company was also granted further loans of more than RM600 million between 2015 and 2017 to help it service interest payments on its loans from KWAP.
DPP V Sithambaram stands up and tells the judge that the questions are legal ones that should not be asked of the witness.
Sithambaram: These are legal questions, it is not for the witness to say. Even we in the legal line have to look this (issue) up.
Mohd Nazlan: Why are you (Farhan) asking the witness this question?
Farhan: She mentioned in her witness statement the possibility of default (if SRC International fails to repay its loans to KWAP). I just want to know (from the witness) what would happen in the event of a default.
Sithambaram: She prepared this (witness statement and a description of her activities at the ministry) as instructed. How can she answer?
Farhan: Maybe she knew what she was doing, in preparing the documents (related to the loans). Let us explore what this witness can help us with.
The lawyer then continues his cross-examination of Afidah.
Proceedings then break for the day, and cross-examination of the witness will resume tomorrow at 9am.
Witness: I was told SRC needed money urgently
4.45pm - A Finance Ministry official testifies that she was ordered to send a letter of assurance to the Retirement Fund Incorporated (KWAP) in March 2012, which stated that the cabinet had agreed to guarantee an RM2 billion loan for SRC International because the company needed the money in a hurry.
Afidah Azwa Abdul Aziz tells the High Court this under cross-examination by defence counsel Farhan Read (below).
She is being asked about a Finance Ministry letter dated March 28, 2012, which informed KWAP that the cabinet had approved the guarantee for SRC International and that a government guarantee letter would be issued within 10 days from that date.
Farhan: Do you agree that at the time this letter was written, the cabinet had already agreed to give a government guarantee for SRC International's loan?
Afidah: Correct.
Farhan: And it is stated in this letter that the Finance Ministry promises that the government guarantee letter is coming?
Afidah: Correct.
Farhan: So, principally, when the government has made such a promise, it means that it will just be a matter of time (before the promise is fulfilled)?
Afidah: Correct.
Farhan: Do you know why was this request (to send the letter informing KWAP of the approval) was made by Maliami Hamad (Afidah’s then superior)?
Afidah: I was informed that SRC International was in need of money quickly.
Farhan: Do you know what was the justification?
Afidah: No.
Nothing wrong with SRC asking MOF to expedite guarantee - witness
3.51pm - Witness Afidah Azwa Abdul Aziz testifies that there was nothing wrong with SRC International sending representatives to the Finance Ministry on Aug 15, 2011 to seek immediate issuance of a government guarantee for the first RM2 billion tranche of the loan from Retirement Fund Inc (KWAP).
Afidah, an officer with the ministry, says this during cross-examination by defence lawyer Farhan Read.
Farhan: There is nothing wrong with either the Finance Ministry asking the company to give an explanation, or the company itself come to explain?
Afidah: Correct, there is nothing wrong.
In Paragraph 12 of her witness statement, Afidah said that SRC International was not called by the Finance Ministry to explain why it needed the government guarantee for the RM2 billion loan to be expedited.
Instead, representatives from the company themselves approached the ministry to offer an explanation.
SRC International received the first RM2 billion tranche of the loan from KWAP in Aug 2011, and the second RM2 billion loan tranche in March 2012.
Witness: Gov't burden would be reduced if Swiss account unfrozen
2.45pm - Afidah Azwa Abdul Aziz (photo), an officer with the Finance Ministry, concurs that the government's guarantees for SRC International's debts of RM4 billion would be reduced if the funds in the company's frozen Swiss bank account can be recovered.
The witness says this under cross-examination by defence lawyer Harvinderjit Singh.
She also agrees that among the reasons why SRC International sought short-term loans from the government in 2015 and 2016 was to finance efforts to get the money in Switzerland back.
Harvinderjit: One basis to give the loans in 2015 and 2016 to SRC International was for the purpose of getting back the money in Switzerland?
Afidah: No, the main reason then was for KWAP not to declare an event of default.
Harvinderjit: (But) Wasn't this one of the bases as stated in the memorandum, that there were actions being taken to bring back the money from Switzerland?
Afidah: Yes, that was among the bases of consideration.
Harvinderjit: In your witness statement, you said the government is responsible for these loans of RM4 billion?
Afidah: Yes.
Harvinderjit: So when the money is returned, the government's responsibility would also be decreased?
Afidah: Yes.
The witness, however, replies in the negative when asked if she knows about a meeting between the Finance Ministry, Attorney-General Tommy Thomas and the Swiss attorney-general in July 2018 regarding SRC International's money in the country.
2.30pm - Proceedings resume with the cross-examination of Finance Ministry officer Afidah Azwa Abdul Aziz.
1.05pm - Proceedings break for lunch and will resume at 2.30pm.
'No guarantee for RM2b to SRC without Najib's approval'
12pm - SRC International could not have obtained a government guarantee for the second RM2 billion tranche of its loan from Retirement Fund Inc (KWAP) without the approval of then-premier Najib Abdul Razak.
According to Finance Ministry officer Afidah Azwa Abdul Aziz, the Loans Guarantee (Bodies Corporate) Act 1965 restricts government companies from securing a second guarantee for loans as long as the first is still outstanding.
The only exception to this, Afidah says under examination by deputy public prosecutor Suhaimi Ibrahim, is the approval of the finance minister.
Suhaimi: According to Section 6 of this act, was there any restriction (for SRC International) to obtain the second government guarantee?
Afidah: There was.
Suhaimi: Who could have given the approval if it (SRC International) wants to get a second government guarantee (when the first guarantee is still outstanding)?
Afidah: It can be given exception with approval from the minister
Suhaimi: Who is the minister in this context?
Afidah: The Finance Minister.
Suhaimi: Who was the Finance Minister then?
Afidah: Datuk Seri Najib Razak
DPP: From your experience, if the company became a company directly under the MOF Incorporated, would there still be a restriction from acquiring a second government guarantee?
Afidah: (Even) when it becomes MOF Inc's company, there will still be the restriction
Suhaimi: Who can approve it?
Afidah: Finance Minister
Suhaimi: And who signed the second government guarantee?
Afidah: Finance Minister Datuk Seri Najib
Gov't loaned SRC hundreds of millions to pay KWAP back - witness
10.50am - As the guarantor, the government made three loans involving hundreds of millions of ringgit to help SRC International pay off its debts to Retirement Fund Inc (KWAP).
Finance Ministry officer Afidah Azwa Abdul Aziz testifies to this during examination-in-chief by deputy public prosecutor Suhaimi Ibrahim.
"The government had given an RM92 million loan (to SRC International) in 2015, and RM250 million in 2016.
"Even so, the Finance Ministry was ready to grant an RM300 million loan to SRC International to help repay the loan to KWAP, so that KWAP does not declare an event of default," she says as she reads from her witness statement.
Afidah (photo) testifies that as far as she knows, she is not sure if SRC International ever succeeded in paying KWAP back the RM4 billion it was loaned.
She adds that the government as guarantor could still be paying for SRC International's debt to KWAP.
"Based on the term of the loan between SRC International and KWAP, it would be settled by 2022, which is 10 years from 2012," she says.
'SRC told MOF it didn't pay back RM4b because account frozen'
10.32am - SRC International told the Finance Ministry in 2015 that it failed to pay back RM4 billion in loans from Retirement Fund Inc (KWAP) because its Swiss bank account had been frozen.
During examination-in-chief by deputy public prosecutor Suhaimi Ibrahim, Finance Ministry officer Afidah Azwa Abdul Aziz testifies that representatives from SRC International said this during a meeting with KWAP.
The witness adds that then-Treasury secretary-general Mohd Irwan Serigar Abdullah (photo) was present at the meeting.
"In the meeting attended by Irwan Serigar, the Finance Ministry was informed that SRC International failed to pay back its debt as its account at Switzerland had been frozen.
"In the meeting, SRC International was told to reveal its financial standing and the (status of its) frozen account in Switzerland," she says.
SRC received RM4 billion in loans from KWAP – the first RM2 billion tranche in August 2011, and the second RM2 billion tranche in March 2012.
The government was the guarantor on both loans.
'Najib signed gov't guarantee letter for RM2b loan to SRC'
10.15am - Former prime minister and finance minister Najib Abdul Razak signed the government guarantee letter for the second RM2 billion tranche of the loan from Retirement Fund Inc (KWAP) to SRC International, the court hears.
Finance Ministry officer Afidah Azwa Abdul Aziz testifies that it is not usual practice for a government guarantee letter to be signed by the finance minister.
A guarantee letter, she says, is usually only taken up to the level of the second finance minister for approval.
Afidah says that an internal memorandum for the government guarantee to be presented to cabinet members was prepared on the same day – Feb 2, 2012 – that then-SRC International CEO Nik Faisal Ariff Kamil came to the ministry to discuss the second guarantee letter.
The draft of the internal memo then went through several layers of approvals on the same day – including by then-second finance minister Mohd Husni Hanadzlah – before it was taken to Najib, who signed it on Feb 3, 2012.
"Usually the Finance Ministry's procedure requires approval from the second finance minister only. But for this memorandum, I was ordered to take the memorandum for approval and signature of the finance minister.
"However, I was not informed why I needed to do that," she testifies under examination-in-chief by deputy public prosecutor Suhaimi Ibrahim.
Afidah tells the court that she learned the memorandum was presented and approved by the cabinet in a meeting on Feb 8, 2012.
Cross-examination of ex-deputy cabinet sec-gen postponed
9.45am - Justice Mohd Nazlan Mohd Ghazali allows an application from the defence to postpone the cross-examination of retired cabinet deputy secretary-general Mazidah Abdul Majid (photo) to tomorrow.
The judge makes the ruling after lead defence counsel Muhammad Shafee Abdullah said had just received two documents needed for his cross-examination of the 40th witness.
The declassified documents are related to Mazidah's witness statement, which touch on cabinet meetings chaired by then-prime minister Najib Abdul Razak.
The prosecution then calls its 41st witness, Finance Ministry Strategic Investment Department deputy secretary Afidah Azwa Abdul Aziz, to the stand.
Under examination-in-chief by deputy public prosecutor Suhaimi Ibrahim, Afidah reads out from her witness statement.
Ex-PM enters court
9.44am - Najib enters the dock as proceedings begin.
9.04am - Clad in a light cream-coloured suit, former premier Najib Abdul Razak enters the court.
He is seen conferring with Muhammad Shafee Abdullah, who leads the defence team.
Also seen in court awaiting the beginning of proceedings is Attorney-General Tommy Thomas and other members of the prosecution.
The testimony of retired deputy cabinet secretary-general Mazidah Abdul Majid will prove crucial on the 28th day of Najib Abdul Razak's trial for alleged abuse of power, corruption and laundering RM42 million from SRC International.
As cross-examination of the 40th witness resumes before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali this morning, attention will be focused on what she may further reveal on cabinet meetings chaired by the then-prime minister.
Of particular interest will be how the cabinet arrived at its decision to issue two government guarantees for the RM4 billion in loans to SRC International from Retirement Fund Inc (KWAP).
During examination-in-chief by deputy public prosecutor Muhammad Izzat Fauzan yesterday, Mazidah revealed that the cabinet did not engage in discussions before approving the resolutions to issue these government guarantees.
SRC International, a former subsidiary of 1MDB, was granted the first RM2 billion tranche of the loan from KWAP in August 2011, before receiving another RM2 billion in March 2012.
In February 2012, SRC International became a fully-owned entity of Minister of Finance Inc, which was headed by Najib, the then-finance minister.
Mazidah had testified that Najib chaired the cabinet meetings in August 2011 and February 2012 which led to the passing of the resolutions to issue the government guarantees.
This, she said, occurred despite the cabinet practice of ministers excusing themselves from discussions involving matters that may result in a conflict of interest.
- Mkini
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