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Monday, July 1, 2019

NAJIB TRIAL - Day 30: Nik Faisal may have forged my signature, says ex-SRC director



The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 30th today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.

Summary of Najib’s SRC RM42 million case

Najib is facing 7 charges relating to RM42m involving SRC International, a former 1MDB subsidiary.

KEY HIGHLIGHTS
  • Nik Faisal may have forged my signature, says ex-SRC director
  • Prolonged break while waiting for Najib's return
  • Ex-SRC director verifies documents projected onscreen
  • MACC took my statement 6 times - Suboh
  • Ex-SRC director gives samples of his signature in court
  • Defence objects to 'leading question' on who controlled SRC board
  • Nik Faisal asked me to sign off on RM5m to SRC subsidiary - witness
  • Ex-SRC director says Nik Faisal contacted him from Shanghai
  • 'I have no doubt that 'orang atas' referred to by Nik Faisal was Najib'
  • Judge disallows Najib from taking off day to attend Parliament
  • Najib wants to attend Parliament, seeks adjournment 
  • Ex-SRC director walks into witness stand with a cane

Nik Faisal may have forged my signature, says ex-SRC director
4.44pm - Former SRC International director Suboh Md Yassin acknowledges the possibility that the firm’s then CEO Nik Faisal Ariff Kamil may have forged his signatures on bank documents.
The offence was allegedly committed to facilitate an AmBank transfer involving millions of ringgit to and from SRC subsidiary Gandingan Mentari's account, among others.
He is agreeing with lawyer Muhammad Shafee Abdullah's assertion that the witness could not have consented to the transfer of funds, to which the witness says, "Yes".
Shafee: I put it to you that Nik Faisal forged your signature, and gave it to the bank?
Suboh: Maybe. 

Prolonged break while waiting for Najib's return
4.15pm - The trial was about to resume after a short break, with Justice Mohd Nazlan Mohd Ghazali entering and taking a seat at the judge's bench.
However, proceeds had to be delayed for about three minutes as the accused, former prime minister Najib Abdul Razak, was yet to return to the courtroom.
The hearing then resumes at 4.18pm, with Najib's lead defence counsel continuing to cross-examine former SRC International director Suboh Md Yassin.

Ex-SRC director verifies documents projected onscreen
3.30pm - Former SRC International director Suboh Md Yassin compares documents tendered as evidence with those shown on a projector screen.
This is just a formality to ensure that the correct documents are projected onscreen.
It is understood that the defence brought out the projector to compare the signature samples Suboh provided in court earlier with those on SRC International and Gandingan Mentari documents.

MACC took my statement 6 times - Suboh
2.58pm - Former SRC International director Suboh Md Yassin testifies that MACC took statements from him on six occasions, once in 2015 and five times in 2018.
During cross-examination by lawyer Muhammad Shafee Abdullah, the 42nd witness says the first time MACC recorded his statement was on Nov 27, 2015.
The next five statements in 2018 werer recorded on May 28, 30, 31; and Aug 13 and 15.
Suboh says that the MACC officer who recorded his statement in 2015 was one Syed Mohd Tarmizi Syed Musa, while for the dates in 2018, it was MACC officer Raub Ghani.

Projector screen wheeled out in court as proceedings resume
2.57pm - Proceedings resume with the cross-examination of former SRC International director Suboh Md Yassin by lead defence counsel Muhammad Shafee Abdullah.
2.45pm - A projector and a tall screen are seen on the left side of the courtroom, where the tables of the defence team are located. 
Earlier, Shafee had informed judge Mohd Nazlan Mohd Ghazali that the defence would be bringing in a projector.
Shafee said that court exhibits being shown on the projector screen would make it easier for Suboh and other parties to follow the proceedings.

Court breaks for lunch
1pm - After lead defence counsel Muhammad Shafee Abdullah scrutinises former SRC International director Suboh's Md Yasin's signature, court breaks for lunch.
It is understood that when proceedings resume at 2.30pm, the defence will compare the sample signatures Suboh signed in court with company and bank documents.

Ex-SRC director gives samples of his signature in court
12.35pm - Former SRC International director Suboh Md Yassin begins to produce samples of his signature on two pieces of paper in court.
This comes after Justice Mohd Nazlan Mohd Ghazali allows a request by the defence to have the witness produce the samples on the spot.
The request was made by lead defence counsel Muhammad Shafee Abdullah during his cross-examination of Suboh, which began at about 12.15pm. 
Shafee's line of questioning focused on Suboh's earlier testimony on the variations of his signature on several documents he signed as director of SRC International and subsidiary Gandingan Mentari Sdn Bhd.
Suboh is asked to produce two sets of signatures, 20 each, on two pieces of paper.
One set is for his formal signature, and the other is to show a signature he referred to in his testimony as "ikut sedap" (following my fancy).
During examination-in-chief by deputy public prosecutor Ishak Mohd Yusoff earlier, Suboh testified that there were variations in his signatures because some were signed "ikut sedap."

Defence objects to 'leading question' on who controls SRC board
12pm - Defence counsel Kamarul Hisham Kamaruddin objects to a "leading question" over who really controlled the SRC International board of directors.
Deputy public prosecutor Ishak Mohd Yusoff had asked former SRC International director Suboh Md Yassin who actually wielded control following an amendment to clause 117 of the company's memorandum and articles of association.
The court heard previously that this amendment made then-premier Najib Abdul Razak the adviser emeritus of SRC International.
"It is inappropriate to ask this, the deputy public prosecutor is putting a suggestion in the witness' mind," Kamarul Hisham says. "We object, as it suggests control (by Najib)."
Kamarul adds that despite Ishak's attempt to rephrase, it is still a "leading" question. Ishak then moves on to another question.

Nik Faisal asked me to sign off on RM5m to SRC subsidiary - witness
11am - Former SRC International director Suboh Md Yassin says he does not know why he signed an AmBank transfer instruction for RM5 million to subsidiary Gandingan Mentari Sdn Bhd.
Suboh (photo) tells the court that he was only following instructions from then-SRC International CEO Nik Faisal Ariff Kamil when he signed off on the transfer dated Feb 5, 2015.
Under examination-in-chief by deputy public prosecutor Ishak Mohd Yusoff, Suboh testifies that Nik Faisal had signed the letter first before it was given to him.
Ishak: Looking at this, you were the director for both SRC International and Gandingan Mentari. Can you explain why you signed the documents?
Suboh: I was told... I was asked by Nik Faisal to sign.
Ishak: So you only followed (the request from Nik Faisal)?
Suboh: (Yes) I followed.

Ex-SRC director says Nik Faisal contacted him from Shanghai
10.55am - Former SRC International director Suboh Md Yassin testifies that then-CEO Nik Faisal Ariff Kamil called him from Shanghai in 2015.
The witness says that is based on what was displayed on his mobile phone when he received the call.
"According to the phone, it was from overseas, from Shanghai if I am not mistaken," he tells deputy public prosecutor Ishak Mohd Yusoff.

'I have no doubt that 'orang atas' referred to by Nik Faisal was Najib'
10.35am - Suboh Md Yassin tells the court that SRC International appointed Ihsan Perdana Sdn Bhd as its corporate social responsibility partner in 2014 without any resolution from the company's directors.
Suboh, a former SRC International director, says he had agreed to sign a letter dated Sep 3, 2014 to appoint Ihsan Perdana with the guidance of then-CEO Nik Faisal Ariff Kamil (photo).
The witness testifies that Nik Faisal told him that SRC International wanted to do CSR, and that "orang atas" (someone at the top) had agreed to it 
"I have no doubt in my mind that when he referred to 'orang atas', he referred to Najib (Abdul Razak)," Suboh says.
He then tells the court that a directors' resolution to ratify the appointment of Ihsan Perdana was later signed in 2015 when he was in Bangkok.

Judge disallows Najib from taking off day to attend Parliament
10.27am - Justice Mohd Nazlan Mohd Ghazali refuses the application from lead defence counsel Muhammad Shafee Abdullah to adjourn today's trial so that the accused Najib Abdul Razak can attend today's Parliament sitting.
In a brief oral ruling, Nazlan says that there is no certainty when MPs actually vote on certain bills.
Shafee had argued that client needs to be present at the Dewan Rakyat to vote on two bills – one making it mandatory for all MPs to declare their assets, and another to lower the voting age to 18.
"I am against the request for adjournment, as Parliament proceedings would go on for several weeks. It is not certain when the vote is (on any of the two bills)," the judge says.
"It is not an issue of the court obstructing the accused from attending Parliament.
"The important point is that the accused MP is also facing seven charges (that is the subject matter of today's trial). I refuse the application for adjournment."
Deputy public prosecutor Ishak Mohd Yusoff then resumes his examination-in-chief of former SRC International director Suboh Md Yassin.

Najib wants to attend parliament, seeks adjournment 
9.45am - The SRC International trial starts with lead defence counsel Muhammad Shafee Abdullah (photo) seeking an adjournment of today's hearing.
Shafee tells the court that his client Najib Abdul Razak needs to attend today's Parliament sitting, citing that a motion of "immense importance" is going to be debated today.
He is referring to a bill to compel all MPs to declare their assets, which is expected to be tabled in the Dewan Rakyat today.
However, the bill is only expected to be tabled for first reading at about 5pm, making it unlikely to be voted on today.

Najib enters dock as hearing starts
9.44am - Najib Abdul Razak enters the dock as proceedings begin.
Also seen in court is Attorney-General Tommy Thomas, who heads the prosecution.

Walking with a cane, ex-SRC director enters the witness stand
9.38am - Walking with a cane, former SRC International director Suboh Md Yassin (centre in photo) enters the court from the witness room. He is assisted by deputy public prosecutors as he enters the witness stand.
It is understood that proceedings may be slightly delayed as defence lawyer Harvinderjit Singh has another matter in a separate court.

Najib enters courtroom
9am - Clad in a blue suit, former premier Najib Abdul Razak enters the courtroom and takes a seat at the front row of the public gallery to await the beginning of proceedings.
He is seen conferring with his lead defence counsel Muhammad Shafee Abdullah.

Who was behind the telephone call by a self-proclaimed MACC officer, whose urgings had sent then-SRC International director Suboh Md Yassin packing to Thailand out of fear of former premier Najib Abdul Razak?
Who were the unknown persons who not only arranged for Suboh and his wife’s flight from Bangkok to Abu Dhabi, but also paid for his one-week stay in the Rosewood Hotel?
These and other critical parts of Suboh's testimony are set to be further probed by both the prosecution and defence on the 30th day of Najib's RM42 million SRC International trial today.
When proceedings resume before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, deputy public prosecutor Ishak Mohd Yusoff is expected to resume his examination-in-chief of Suboh, the 42nd witness.
When the court last convened on June 20, Suboh delivered explosive testimony on why he fled Malaysia in 2015 and stayed overseas for three years, until after last year's general election.
The witness may be further probed over his testimony that he played no role in SRC International's decision-making, and that the company’s then-CEO Nik Faisal Ariff Kamil called all the shots with the approval of adviser emeritus Najib.
 - Mkini

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