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Tuesday, July 2, 2019

NAJIB TRIAL - Day 31: Court awaits arrival of Suboh's statements to MACC


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
  • Court awaits arrival of Suboh's statements to MACC
  • Suboh's statements to MACC to be produced in court
  • Defence corners Suboh on 'forged' signatures
  • 'I couldn't have signed off on SRC money transfers'
  • Suboh admits signatures on SRC docs 'different' from his own
  • Najib enters the dock as proceedings kick off

Court awaits arrival of Suboh's statements to MACC
11.45am - Proceedings come to a pause pending the arrival of documents containing former SRC International director Suboh Md Yassin's statements to the MACC.
The defence team of former premier Najib Abdul Razak had requested that the statements made last year be produced in court.
It is understood that lead defence counsel Muhammad Shafee Abdullah is trying to establish what made Suboh initially testify that he himself signed bank documents authorising transfers worth millions of ringgit between SRC International, Gandingan Mentari and Ihsan Perdana.
Suboh said earlier today, however, that he did not sign the documents himself.
According to defence lawyer Farhan Muhammad Shafee, proceedings will resume at 12.30pm.

Suboh's statements to MACC to be produced in court
10.20am - Justice Mohd Nazlan Mohd Ghazali (photo) allows a bid from the defence for statements given to the MACC by former SRC International director Suboh Md Yassin in 2018 be produced in court.
"On the request for the witness to refresh his memory by referring to statements he gave to MACC, under Section 159 (of the Evidence Act 1950) in relation to the reporting of a statement by a witness to a recording officer, I allow the application," the judge rules.
Nazlan's ruling comes on the heels of Suboh admitting under cross-examination that his signatures may have been forged to authorise 17 transactions involving millions of ringgit between SRC International, Gandingan Mentari, and Ihsan Perdana.
Grilled by defence counsel Muhammad Shafee Abdullah, Suboh had concurred that his signatures were forged on bank documents authorising these transactions between 2014 and 2015.
Shafee's application is made under Section 159(1) of the Evidence Act in reference to refreshing a witness' memory by having the witness refer to any writing he had made.

Defence corners Suboh on 'forged' signatures
10.05am - Lead defence counsel Muhammad Shafee Abdullah tries to corner key prosecution witness Suboh Md Yassin into admitting that he was coached into signing 17 AmIslamic Bank documents between 2014 and 2015.
This comes after the former SRC International director admitted in court that the signatures on the documents could not be his.
Shafee begins by pointing out that Suboh told the prosecution yesterday that he signed the documents himself. 
The lawyer then tries to get the witness to agree that he must be able to recognise his own signature.
Shafee: I ask you this. Answer truthfully. I'm going to put you in a more comfortable position. I'm saying you can't not have recognised your own signature.
Suboh: Can you repeat that again?
Shafee: You can't not have recognised your own signature. This means you must be able to recognise your own signature.
Suboh: Yes, correct.
Shafee: And you did not make any mistake (when saying) that the hard copy is not your signature?
Suboh: Correct.
Shafee: Who asked you to admit the hard copies contain your signatures? Who put you up to it? Be careful with your answer. You are in a court of law. I ask again. Who put you up to it? Why did you admit (these were your signatures)?
Suboh: I was never put up to such an admission.
Shafee: Are you sure?
Suboh: Yes.
Shafee: Did you not, after the election, did you not say to the MACC officer, 'These are not my signatures'? Did you not say that?
Suboh: I cannot remember.
Shafee: Come on, this is not an event you can simply say 'cannot remember'. This is when your statement was recorded by the MACC.
Suboh: I cannot remember.
Shafee: If you look at your own statement, would your memory be refreshed
Suboh: Yes.
Shafee: Would you like to see (the statement)?
Suboh: Can.
Shafee then makes an application to allow the witness to have his memory refreshed by referring to his statements to MACC in 2018.

'I couldn't have signed off on SRC money transfers'
9.50am - Suboh Md Yassin agrees to a suggestion by defence lawyer Muhammad Shafee Abdullah that he could not have signed 17 documents related to transfer of monies between SRC International, Gandingan Mentari and Ihsan Perdana between 2014 and 2015.
This contradicts the former SRC International director telling the prosecution yesterday that he signed the bank documents himself.
Shafee: I want to draw some conclusions. All the scanned copies, many of them, carry your signature. But they are scanned (copies of your signature). Somebody lifted your signature, cut and paste it on documents, and sent it to the bank. They carry your signature but you did not sign those documents. 17 times. You could not sign identically, you agree?
Suboh: Yes.
Shafee: You didn't sign the scanned copies? 
Suboh: [Agrees]
Shafee: This means you didn't sign any of the Rentas (real-time electronic transfer of funds and securities) forms, which is evidence in this case. You signed none of them.
Suboh: Then who did? 
Shafee: We will get to that. Your CEO (former SRC International CEO Nik Faisal Ariff Kamil) is most likely the candidate. But you didn't sign (these documents)?
Suboh: Yes.
Earlier, Suboh agreed that his signatures on the hard copies of instructions to AmIslamic Bank for the money transfers could have been forged.
The witness admitted to this when Shafee asked him to compare the signature samples he produced in court yesterday to those on the bank documents.

Suboh admits signatures on SRC docs 'different' from his own
9.30am - Picking up from yesterday, former SRC International director continues comparing samples of his signature produced in court with those on documents tendered as evidence.
Lead defence counsel Muhammad Shafee Abdullah (photo) continues showing Suboh images of the signature samples, which are projected onto a screen in court. 
These samples are overlaid onto SRC International and Gandingan Mentari documents, which Suboh himself purportedly signed between 2014 and 2015.
The witness then agrees that the signature samples are not similar to those on the documents, which include instructions to AmIslamic Bank to transfer monies between SRC International, Gandingan Mentari and Ihsan Perdana.
Shafee: Notice the hard copy and your signature (sample) that we superimposed (put on top each other)?
Suboh: It's different.
Shafee: Completely different, you agree?
Suboh: Right.

Najib enters the dock as proceedings kick off
9.07am - Najib enters the dock as proceedings begin.
9.03am - Accused Najib Abdul Razak takes a seat in the front row of the public gallery.
The former premier is seen conferring with his defence lawyers Muhammad Shafee Abdullah and Harvinderjit Singh.
Also seen in court is deputy public prosecutor V Sithambaram and other members of the prosecution.

All eyes will be on the ongoing cross-examination of former SRC International director Suboh Md Yassin as the corruption trial of former premier Najib Abdul Razak, involving RM42 million from the former 1MDB subsidiary, enters its 31st day.
When proceedings resume before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, observers will keenly follow the grilling of the elderly 42nd witness by veteran defence counsel Muhammad Shafee Abdullah.
Yesterday, Suboh agreed with the possibility advanced by the defence that his signature may have been forged between 2014 and 2015 by then-SRC International CEO Nik Faisal Ariff Kamil.
Under relentless questioning, Suboh concurred with the possible ruse on Nik Faisal’s part in order to authorise millions of ringgit in transfers between the accounts of SRC International, its subsidiary Gandingan Mentari Sdn Bhd, and its corporate social responsibility partner Ihsan Perdana Sdn Bhd.
However, this may have clashed with Suboh's own testimony during examination-in-chief by deputy public prosecutor Ishak Mohd Yusoff earlier in the day, when he said that he himself signed related bank documents presented to him for his authorisation.
One area that the defence did not touch on yesterday is Suboh fleeing Malaysia in 2015 and only returning after the 14th general election last year.
 - Mkini

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