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Thursday, July 18, 2019

NAJIB TRIAL - Day 40: New key prosecution witness to take the stand on Monday



The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 40th day 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 HIGHLIGHT
  • Jho Low a liar who was never punctual, says AmBank ex-MD
  • I merely accompanied AmBank's new MB to visit Zeti, says witness
  • I knew about Najib returning US$620m donation, says AmBank ex-director
  • Defence wants more time to seek instruction over apology 
  • Prosecution seeks apology from Najib over Facebook post

Thank you for following Malaysiakini's live report
5.20pm - Thank you for following our live report today.

3.35pm - Court adjourns early and is expected to resume on Monday with another key prosecution witness taking the stand.
As defence counsel Harvinderjit Singh concludes his cross-examination on 51st prosecution witness Fauziah Yaakob, the court hears a request by the prosecution to adjourn today's hearing early.
DPP V Sithambaram indicates that the prosecution's next witness will take a longer time on the stand and made the suggestion to start with the witness when the court resumes on Monday.
The court then goes into hearing about two other matters related to the SRC International trial, including issues raised by Attorney-General Tommy Thomas on Najib Razak's Facebook post and MACC blocking Najib from retrieving his banking details from AmBank.
On the issue of Najib's Facebook post, which Thomas earlier claimed as being sub judice to the ongoing trial, Justice Mohd Nazlan Mohd Ghazali (drawing) allowed a request by the accused's defence lawyer Muhammad Shafee Abdullah to return with a full submission on Monday.
The judge, however, says that he will allocate a maximum of one hour for the submission so as to not waste the court's time.
On the second matter, the prosecution tells the court that they believe the case is solved as banking documents being sought by the defence was being supplied to them.
However, Harvinderjit disagrees, saying that the issue was whether MACC has the power to order AmBank not to supply any information to its client, instead of merely on obtaining the data.
The prosecution, however, disputes the attempt by Harvinderjit to discuss the matter in Nazlan's court, saying that the court has no jurisdiction over the matter.
It is expected this issue will be further deliberated this Monday.
The court is adjourned and will resume on Monday, July 25.

SRC ignored MOF Inc's request for meetings
3.20pm - Former Treasury secretary-general (investment) Fauziah Yaakob testifies that a division which supervises government companies under Minister of Finance Incorporated (MOF Inc) had tried to set up meetings and discussions with the management of SRC International but did not receive any positive response.
Fauzaiah (drawing) said this happened from the time since was promoted to her position in Nov 2012 until her retirement in July 2015.
"My officers informed that they had sent emails (to SRC International) to set up meetings, but there was no positive response from the company," she testifies under cross-examination by defence lawyer Harvinderjit Singh.
Fauziah says that she is not sure to whom the emails were addressed to but believe that it should be to the company's CEO.

MOF not clear on SRC International's area of business
3.15pm - The court hears from former Treasury deputy secretary-general (investment) Fauziah Yaakob that the Finance Ministry had wanted to appoint a representative on SRC International's board of directors in 2015.
She tells the court that the plan was made as MOF was not clear on the company's area of business.
Additionally, the 51st witness says SRC International was among the government companies that were always late in submitting its financial report to MOF.
She says these reasons were stated in a memorandum supported by then Finance Minister 2 Husni Hanadzlah, which also contained the nomination of her then-deputy Mohd Isa Hussain on the company's board.
Fauziah retired from the civil service on July 29, 2015.

Any further public posts risk contempt, Judge tells Najib
3.02pm - "Any further public posting risks contempt", High Court judge Mohd Nazan sternly reminds accused Najib Abdul Razak.
The judge gives the warning after having fixed Monday next week to hear submissions from all parties over Attorney-General Tommy Thomas' application for a full and unconditional apology from the former prime minister.
The prosecution is seeking a ruling against Najib over his Facebook posting regarding the testimony on the alleged RM3 million spent on two credit cards linked to the former prime minister.
Lead counsel Muhammad Shafee Abdullah was seeking the Monday hearing date as he tells Nazlan that he needed to discuss with his client Najib on how to prepare a full submission to counter the prosecution's bid.

2.42pm - Proceedings resume.

Parties to hear decision on postponement of 1MDB trial
12.55pm - DPP Izzat Fauzan tells the court that parties in the hearing have to appear before Justice Collin Lawrence Sequerah at 2pm for a decision on an application to postpone the 1MDB trial.
Defence lawyer Harvinderjit Singh then asked if the court can allow the lunch break to be extended to 2.45pm.
Judge Mohd Nazlan Mohd Ghazali allows the request.
The trial is adjourned.

Court permits the prosecution to tender document from Najib's suit against Ling Liong Sik
12.43pm - The Kuala Lumpur High Court is permitting the prosecution to tender court documents related to Najib Abdul Razak's defamation suit against former MCA president Ling Liong Sik.
Judge Mohd Nazlan Mohd Ghazali allows the application by DPP Muhammad Izzat Fauzan, overruling objections by the accused's lawyer Harvinderjit Singh, who argues that the cause paper is not relevant to the present criminal trial.
DPP V Sithambaram counters that it is relevant as the court document is related to the current charges.
It was reported in May last year, that Najib had retracted his suit against Lim over an allegation that the former prime minister had misused government funds. 

Jho Low a liar who was never punctual, says AmBank ex-MD
11.10am - The court hears from Cheah Tek Kuang, former AmBank Group managing director, that he had never trusted fugitive businessperson Low Taek Jho.
Testifying under cross-examination by defence lawyer Harvinderjit Singh, Cheah says that he "detests" Low.
The former managing director also agrees with Harvinderjit that the businessperson, better known as Jho Low, could be described as a liar.
Low Taek Jho
The witness' line of remarks come as he is being queried about a series of BlackBerry Messenger conversations between former AmBank relationship manager Joanna Yu and a person believed to be Low.
Harvinderjit asks Cheah about one of the conversations, in which Low purportedly told Yu that he had spoken to Cheah about a certain matter and that the latter would be relaying it to then AmBank Group chairperson Azman Hashim.
"What she (Joanna Yu) said to Jho Low, I don’t know. I don't talk to Jho Low.
"And I can tell you what kind of a person he is. He is a person who was never punctual.
"If an appointment was at 1pm, he would come at 1.30pm," Cheah testifies.
Harvinderjit then asks: "Would you call him a liar?"
Cheah replies, "A liar lah. I don’t like it. I detest him. Cannot get close to that kind of person."

I merely accompanied AmBank’s new MD to visit Zeti, says witness
11am - Former AmBank Group managing director Cheah Tek Kuang tells the court that he accompanied his successor Ashok Ramamurthy on a visit to discuss Najib Abdul Razak’s bank accounts with then Bank Negara governor Zeti Akhtar Aziz sometime in 2013 or 2014.
Cheah testifies that his presence at the meeting was only due to his familiarity with the governor, compared to Ashok.
"The story behind it is, there was a special request for me to go with Ashok, because Ashok was new to the (Bank Negara) governor.
"I had nothing to do with it," the witness says under cross-examination by defence lawyer Harvinderjit Singh.

AmBank ex-director says he knew about Najib's return of US$620m donation
10.50am - Cheah Tek Kuang, a former AmBank non-executive director, tells the court that he knew about Najib Abdul Razak returning a donation amounting to US$620 million to its sender in 2013.
He says that he knew this from then AmBank relationship manager Joanna Yu, who contacted him for assistance to get quick approval from the central bank.
Cheah, who is testifying under cross-examination by defence counsel Harvinderjit Singh, however denies that he had received a letter from the former premier stating his intention to return the sum.

Defence wants more time to seek instruction over apology 
10.29am - Upon proceedings resuming, Najib Abdul Razak's lawyer Harvinderjit Singh requests more time to consult lead counsel Muhammad Shafee Abdullah over the prosecution's bid to seek an apology from the former prime minister over a Facebook post defending his credit card spending.
Muhammad Shafee Abdullah
Harvinderjit says that this is because Shafee is occupied with another matter in a separate court.
High Court judge Mohd Nazlan Mohd Ghazali allows Harvinderjit more time to seek instruction later, and permits cross-examination of former AmBank managing director Cheah Tek Kuang to resume.

Prosecution seeks apology from Najib over Facebook post
10.20am - Attorney-General Tommy Thomas makes an application for Najib Abdul Razak to issue a full and unconditional apology over the accused's Facebook post regarding his credit card spending.
Tommy Thomas
On July 15, AmBank employee Yeoh Eng Leong testified that two credit cards in the former premier's name had been charged RM3.36 million in 10 transactions on the same day at an Italian outlet of jeweller De Grisogono in 2014.
Najib had subsequently written a Facebook post defending the credit card spending, saying the funds were used to purchase “gifts” for the royalty of another country.
Thomas tells Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali that the accused's action amounts to committing sub judice, and that he should be treated like any other accused in this matter.
"We seek a full and unconditional apology from the accused and on what he had done, as well as an undertaking from the accused not to repeat what he had done," Thomas says.
Najib's counsel Harvinderjit Singh then requests a brief adjournment to seek instruction from his client, which is granted by the judge.

10.16am - Proceedings begin. 
Najib enters court
9.47am - Accused Najib Abdul Razak enters court and takes a seat at the front row of the public gallery to begin proceedings.
Najib Abdul Razak
Earlier, the former prime minister and his defence team were attending a separate hearing, before Kuala Lumpur High Court judge Collin Lawrence Sequerah, about the prosecution's application to vacate Najib's RM2.28 billion 1MDB trial.
The first day of the 1MDB trial hearing before Sequerah is set to take place on Aug 19, and is highly likely to clash with Najib's SRC International trial which may still be going on.
Attorney-General Tommy Thomas and DPPs are also seen in the courtroom.

Despite still being missing, 1MDB-linked Low Taek Jho (above) may loom large on the 40th day of Najib Abdul Razak’s RM42 million SRC International trial.
This is due to former AmBank managing director Cheah Tek Kuang testifying during the examination-in-chief yesterday that he was ushered in by the wanted individual, known also as Jho Low, into then-premier Najib’s residence at Jalan Langgak Duta in mid-January, 2011.
The defence’s cross-examination by lawyer Harvinderjit Singh, and in likelihood later by lead lawyer Muhammad Shafee Abdullah, may seek to peel away at the 50th witness’ testimony over the presence, role, and link of the fugitive financier with the accused.
This is one of the likely thrusts of Najib’s defence team questioning in light of recent cross-examination trend that focused on the extent of Jho Low’s involvement in the transfer of the RM42 million into Najib’s AmBank accounts, among others.
Additionally, proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali will begin later this morning because Najib and his lawyers need to attend the hearing of a separate matter before another High Court judge, Collin Lawrence Sequerah.
The matter before Sequerah is the prosecution’s application to vacate Najib’s RM2.28 billion 1MDB trial, which is set to begin on Aug 19, in order to avoid it clashing with the SRC trial, which has a high likelihood of not being wrapped up by that date.
- Mkini

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