The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 37th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Najib didn't dispute RM3.2m credit card spending - witness
- Over RM3.2m spent in 6 months using Najib's credit cards
- Millions credited into Najib's account from international companies in 2014
- Defence completes cross-examination of Shuzairizman
- Expert confirms chat between AmBank, 1MDB execs on Najib's account
- 'This is a fishing expedition' - prosecution
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6pm - Thank you for following our live report today.
Court allows Najib to attend Dewan Rakyat for Undi 18 debate
5.25pm - Justice Mohd Nazlan Mohd Ghazali rules that tomorrow's hearing to go on for only two hours between 9am and 11am to allow Najib Abdul Razak to attend the parliamentary sitting.
The ruling comes as Nazlan allowed an application by Najib through his lead defence counsel Muhammad Shafee Abdullah to attend the Undi 18 debate and voting session to lower the country's voting age from 21 to 18.
Nazlan, however, gave a condition where he says the hearing would be conducted on Friday, Aug 16, in the event the prosecution has yet to end its case by 11am tomorrow.
Court sets Thursday to hear Najib's bid to obtain access to own bank account's documents.
5.12pm - High Court judge Mohd Nazlan Mohd Ghazali sets this Thursday to hear Najib Abdul Razak's bid to obtain access to documents pertaining to his own account with AmBank.
He sets this date following a contentious back and forth between the prosecution and defence over the matter.
DPP V Sithambaram says the current court should hear a proper submission rather than making an immediate ruling as this matter is a policy issue in an ongoing trial, where the bank documents sought by the defence may be part of an ongoing investigation by the authorities.
"This is because this (matter) may impinge on the investigating officer," Sithambaram says.
Najib's lead defence counsel, Muhammad Shafee Abdullah opposes this and sought an immediate ruling as he said the documents are relevant to the defence's case.
"Unless the prosecution can show what provision allows the MACC to direct a bank on this (Najib's) account, I do not think they can compel Najib not to receive the documents (from the bank)," Shafee argues.
Shafee also claims the MACC may have abused its power in the matter.
Nazlan then fixed the date for hearing the issue on Thursday, saying that he wishes to have a proper hearing.
SRC has to repay KWAP RM9.2 billion for RM4 billion loans
4.25pm - SRC International has to repay Retirement Fund Incorporated (KWAP) a total sum of RM9.2 billion for its RM4 billion loans in 2011 and 2012, lawyer Mohd Suhaimi Ismail testifies.
Suhaimi, who was involved in preparing agreements for both loan facilities, says the sum that SRC International owes to KWAP included an amount for profit in the agreement for both loans.
He says this under examination-in-chief by DPP Muhammad Saifuddin Hashim Musaimi.
Suhaimi: SRC has to pay (KWAP) RM4.6 billion for the first loan and RM4.6 billion for the second loan.
DPP Saifuddin: This includes profit?
Suhaimi: Yes.
DPP Saifuddin: So, a (payment of) RM4.6 billion for the first RM2 billion facility, and another RM4.6 billion for the second RM2 billion facility?
Suhaimi: Yes.
DPP Saifuddin: The total amount (needs to be repaid by SRC) is RM9.2 billion?
Suhaimi: Yes.
3.30pm - KWAP sold RM4.6 billion in stocks to SRC for first loan tranche
Lawyer Mohd Suhaimi Ismail, who was involved in preparing the legal agreements for both SRC International loan facilities from Retirement Fund Incorporated (KWAP) in 2011 and 2012, explains to the court about the 'Bai al-Inah' agreement undertaken by the parties.
He says that the syariah-compliant agreement uses the terms "financier and customer" to refer to the party that lends money and the borrower respectively, compared to the conventional agreement terms of lender and borrower.
Suhaimi, who is now the director of Bandar Malaysia Sdn Bhd's legal department, testifies that Bai al-Inah loan terms between SRC International and KWAP involved facility agreements, asset sales agreement, and an asset purchase agreement between both parties.
According to his testimony, the agreements (both loans) saw KWAP selling its assets in the form of stocks to SRC International for a total of RM4.6 billion for the first RM2 billion loan.
"This is the selling price to SRC. The selling price refers to the financing amount of RM2b and includes the agreed profit for 10 years.
"That is based on the agreed rate. As seen in the facility agreement, the ceiling rate is 12 percent and thus, the selling price to SRC is RM4.6b," he tells the court.
KWAP, SRC Internation opt for syariah-compliant loan agreement
3pm - The hearing continues with the prosecution team starting with examination-in-chief on their 48th witness Mohd Suhaimi Ismail.
Suhaimi is a lawyer who was previously attached to the legal firm of Hisham, Soberi and Kadir which prepared the agreement papers for both SRC International loans from Retirement Fund Incorporated (KWAP) totalling RM4 billion in 2011 and 2012.
He testifies in court that both KWAP and SRC International had agreed to opt for a syariah-compliant agreement called Bai al-Inah for the loans.
2.42pm - Proceedings resume
Witness: Najib didn't dispute RM3.2m credit card spending
12.51pm - AmBank vice-president Yeoh Eng Leong testifies that then premier Najib Abdul Razak did not lodge a complaint regarding the more than RM3.2 million spent using two of his credit cards between Aug 2014 and Jan 2015.
The 47th witness tells this to DPP Budiman Lutfi Mohamed during re-examination.
Budiman: Did Najib ever lodge any complaint on the spending?
Yeoh: We have no record of a dispute (report lodged by Najib).
Yeoh is also part of AmBank's retail banking fraud management division.
Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali then allows proceedings to adjourn for lunch until 2.30pm.
Over RM3.2m spent in 6 months using Najib's credit cards
12.30pm - Former premier Najib Abdul Razak's two credit cards were used to spend over RM3.2 million in total between Aug 2014 and Jan 2015.
AmBank vice-president Yeoh Eng Leong, who works with the commercial bank's retail banking fraud management division, reveals this during examination-in-chief by DPP Budiman Lutfi Mohamed.
The 47th witness reveals this through a March 2011 to April 2015 statement for the Mastercard Platinum and Visa Platinum cards registered under Najib's name.
In meticulous detail, Yeoh states that the Mastercard Platinum was used for eight transactions amounting to more than RM2.86 million at a retailer in Italy called De Grisogono on Aug 8, 2014.
De Grisogono is a Swiss jeweller and watch brand with outlets in various countries.
The witness says that the same card was also used for a hotel stay at Shangri-La Hotel in Bangkok, Thailand, amounting to RM127,017.46.
He points out that on Dec 22, 2014, the Visa Platinum was used to spend RM466,330.11 at a Chanel store in Honolulu, Hawaii, among others.
He also says that the credit card debts were paid with money transferred from an AmBank account ending with 880.
Previously, the court heard that the 880 account was registered under Najib's name.
Millions credited into Najib's account from international companies in 2014
12.15pm - Najib Abdul Razak's Mastercard Platinum and Visa Platinum credit cards have a combined limit of RM3 million.
AmBank vice-president Yeoh Eng Leong, the 47th witness, reveals this when referring to the two cards' statements from March 2011 to April 2015.
The court also heard from AmBank remittance transfer (Rentas) unit manager Wedani Senen that nearly RM50 million was credited into an AmBank bank account ending RM880 belonged to Najib Abdul Razak in 2014.
Wedani testifies under cross-examination that the amount was transferred in several transactions from overseas bank accounts belonging to Blackrock Commodities (Global) Limited and Vista Equity International Partners companies.
For the record, based on documents released by the US' Department of Justice, it had been established that both Blackrock Commodities and Vista Equity are owned by one 'Eric Tan', who had been identified as an associate of fugitive businessperson Low Taek Jho, better known as Jho Low.
Despite the similarity in names, the DOJ noted that Blackrock Commodities (Global) Limited had no affiliation with the global investment management company BlackRock Inc.
According to Wedani's testimony, RM4.093 million was credited into the 880 account on June 23, 2014, which was the amount in ringgit after exchanged from GBP750,000 transferred by Blackrock Commodities four days earlier.
She says that the time difference between the money was debited by Blackrock Commodities and when it was credited into Najib's account was due to several processes required by the bank to process foreign currency transfers.
Wedani testifies that on Oct 21, 2014, Seychelles-based Visa Equity had transferred GBP5.75 million to Najib's account. It was credited into the account ending 880 on Oct 23, 2014, in a ringgit amount of RM30.032 million.
Najib's account was then credited with millions of ringgit in four more transactions from Vista Equity:
- Credited Nov 24,2014 - RM3,624,473.70
- Credited Nov 26, 2014 - RM11,567.57
- Credited Dec 10, 2014 - RM5,360,065.00
- Credited Dec 19, 2014 - RM6,809,129.43
Proceedings resume
11.15am - Trial resumes after a short break with prosecution witness AmBank Rentas Transfer Unit Manager Wedani Senen recalled to the witness stand.
Defence completes cross-examination of Shuzairizman
10.50am - The defence completes their cross-examination of Bank Negara Malaysia digital forensics analyst Shuzairizman Shuib.
However, they want the court to allow them to recall Shuzairizman as a witness after the AmBank relationship managers are called in to testify.
Deputy public prosecutor V Sithambaram then says that since the cross-examination is complete, the defence will have to satisfy the court with reasons for recalling the witness.
Sithambaram then continues his re-examination of Shuzairizman with several questions on exhibits tendered in the court.
The witness is then released from the witness stand before the court breaks.
Expert confirms chat between AmBank, 1MDB execs on Najib's account
10.10am - Bank Negara officer Shuzairizman Shuib confirms a series of Blackberry Messenger chats between AmBank relationship manager Joanna Yu and 1MDB finance director Terrence Geh in 2015.
Under cross-examination by defence lawyer Harvinderjit Singh, the digital forensics analyst testifies on a data extraction report from Yu's Blackberry phone confiscated by Bank Negara on July 2015.
According to his testimony, Yu and Geh chatted on Blackberry Messenger between 2.32am and 8.33am on Feb 5, 2015, and discussed an AmIslamic Bank account ending with the number 880.
The account mentioned in the chat had earlier been established as Najib's private banking account.
Yu also told Geh that she "was trying to get Nik to email request but he is not in."
It is believed that she was referring to former SRC International CEO Nik Faisal Ariff Kamil.
'This is a fishing expedition' - Prosecution
9.40am - Deputy public prosecutor V Sithambaram objects to the defence's line of questioning on Bank Negara officer Shuzairizman Shuib, calling it a "fishing expedition."
"They (defence) must specify what they want (in cross-examination). This is a fishing expedition," he tells judge Mohd Nazlan Mohd Ghazali.
Defence lawyer Harvinderjit Singh has spent the past half hour questioning Shuzairizman over his alleged non-compliance of standard procedure in recording his extraction of digital data from the Blackberry.
Nazlan orders Harvinderjit to limit this line of questioning to 10 minutes.
Najib enters the dock, proceedings begin
9.08am - Najib Abdul Razak enters dock as proceedings begin.
9.03am - Accused Najib Abdul Razak enters the court and takes a seat in the front row of the public gallery.
While awaiting proceedings to begin, also seen are his lead counsel Muhammad Shafee Abdullah and other members of the defence team, as well as Attorney-General Tommy Thomas and other deputy public prosecutors.
Najib Abdul Razak's RM42 million SRC International trial enters its 37th day today with the cross-examination of 46th witness Shuzairizman Shuib.
The defence is expected to focus on reports prepared by Shuzairizman Shuib, a digital forensics analyst with Bank Negara's Financial Intelligence and Enforcement Department, on data extracted from devices confiscated from the Jalan Raja Chulan branch of AmBank on July 6, 2015.
These reports concern a Blackberry phone seized from AmBank's then-relationship manager Joanna Yu, among others.
As proceedings resume before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, the prosecution may also update the court over lead defence counsel Muhammad Shafee Abdullah's allegation that Najib was denied access to information on his own AmBank accounts. - Mkini
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