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Tuesday, August 6, 2019

NAJIB TRIAL - Day 49: Najib referred to as Optimus Prime, says witness


The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 49th 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 HIGHLIGHTS
  • Former minister Husni Hanadzlah to take the stand
  • Najib referred to as Optimus Prime, says witness
  • Witness could not confirm validity of BBM chat logs
  • 'Najib never lodged complaint on massive transfers into accounts'
  • Jho Low was in contact with Najib over banking operations - witness
  • Witness took AmBank to Industrial Court over 2015 dismissal
  • No suspicions raised over Najib's AmBank accounts, says witness
  • Defence told to address legal issues before securing file as evidence
  • AmBank ex-manager denies covering up for Jho Low
  • Witness disagrees Jho Low kept Najib in the dark over transfers
  • Counsels request tomorrow's hearing to start after lunch

Court breaks for lunch
12.30pm - Court breaks for lunch. Proceedings to resume at 2pm.

Former minister Husni Hanadzlah to take the stand
12.15pm - The prosecution requests for an early lunch break after DPP V Sithambaram finishes his re-examination on prosecution's 54th witness Joanna Yu, who is a former AmBank relationship manager.
Sithambaram tells the court that their next witness had gone to have lunch.
He suggests for the court to resume at 2pm instead of the usual 2.30pm due to the early lunch.
Sithambaram also tells the court that they will call former second finance minister, Ahmad Husni Hanadzlah (above), as their next witness and recall a previous witness to testify.

Najib referred to as Optimus Prime, says witness
12.12pm - Jho Low referred to then prime minister Najib Abdul Razak as Optimus Prime, a leading character in Transformers.
Former AmBank relationship manager Joanna Yu confirms this to DPP V Sithambaram during re-examination.
Sithambaram is referring to Blackberry Messenger chat log between her and the fugitive financier.
"I asked and was told it was the name of Optimus Prime, it meant (then) prime minister Najib," Yu says.
The whole crowd breaks into laughter when Sithambaram remarks that as far as he knows, that Optimus Prime is the supreme leader in Transformers, a fictional cartoon series.

Witness could not confirm validity of BBM chat logs
11.45am - Former AmBank relationship manager Joanna Yu cannot confirm 100 percent the correctness of the BBM (Blackberry Messenger) chat logs of her conversation with Jho Low among others.
The 54th witness admits this during re-examination by DPP V Sithambaram.
Sithambaram: Can you confirm 100 percent the correctness of all the chats?
Yu: No.

'Najib never lodged complaint on massive transfers into accounts'
11.24am - Former AmBank relationship manager Joanna Yu testifies that Najib Abdul Razak had never lodged any complaint on the massive transfers into his accounts with the commercial bank.
She agrees with DPP V Sithambaram during re-examination.
Sithambaram: These accounts involve large sums of money. Has there been any time any query from Najib on the conduct of the accounts?
Yu: No, there never were ever any query or complaints made.
Sithambaram: When the accounts were closed, was there any lawsuit against the bank for wrongful utilisation of funds in the accounts?
Yu: None.

Jho Low was in contact with Najib over banking operations - witness 
11am - Former AmBank relationship manager Joanna Yu believes that 1MDB-linked businessperson Jho Low was in contact with former prime minister Najib Abdul Razak on the latter's bank accounts operations.
Testifying under re-examination by DPP V Sithambaram, the prosecution's 54th witness says that Najib should know the amounts transacted in his accounts as he kept issuing cheques.
Yu also tells the court that to the best of her knowledge, there was no complaint about any of the cheques issued from Najib's accounts was not issued by him.
There was also no query from Najib on the source of funds in the accounts as he kept issuing cheques, the witness says.

Witness took AmBank to Industrial Court over 2015 dismissal
10.40am - Former AmBank relationship manager Joanna Yu had hauled her former employer to the Industrial Court over her dismissal in 2015.
The 54th witness reveals this when DPP V Sithambaram (below) questions her during re-examination.
Sithambaram: When AmBank asked you to leave, did you take the bank to the Industrial Court?
Yu: I filed a complaint with the Industrial Court.
Sithambaram: The case was called up there?
Yu: There was a case mention.
Sithambaram: Before the matter came up, there was a confidential agreement with no admission of liability between you and the bank, and this was recorded in (Industrial) Court?
Yu: Yes.

No suspicions raised over Najib's AmBank accounts, says witness
10.38am - Former AmBank relationship manager Joanna Yu testifies that she had not been suspicious about the way Najib Abdul Razak's accounts were operated.
Under cross-examination by lead defence counsel Muhammad Shafee Abdullah, the prosecution's 54th witness says that she also had not been suspicious about the source of funds that had been remitted into the accounts.
She tells the court that although large amounts of funds were credited into Najib's accounts, AmBank's remittance department had informed her that all of the transactions had gone through the reporting system required by Bank Negara.
Yu also admits that as far as she knew, as liaison for the accounts, the only time the accounts were red-flagged by the central bank was when they were overdrawn, which resulted in the bank wanting to close the accounts.
The defence then finishes their cross-examination of Yu.
DPP V Sithambaram then starts re-examining the witness.
10.20am - Proceedings resume. 

Defence told to address legal issues before securing file as evidence 
9.40am - Telling the court that he is reaching the end of his cross-examination of former AmBank relationship manager Joanna Yu, lawyer Harvinderjit Singh then brings up the defence's request to mark a financial document as evidence for the accused in the case.
Harvinderjit Singh
It is learned that the document is a financial statement from Putra Perdana Bhd, which the defence used in their questioning of Yu yesterday regarding the 'reversal' of fund transfers from two of Najib Abdul Razak's accounts in 2014.
The prosecution objects to this request, citing issues regarding fulfilment of clauses under the Evidence Act 1950.
Justice Mohd Nazlan Mohd Ghazali tells the defence to address the legal issues first before securing permission to tender the documents as evidence for the defence.
The court then takes a short break following requests by both the defence and prosecution to go through some documents and prepare for re-examination, respectively.

AmBank ex-manager denies covering up for Jho Low
9.32am - Former AmBank relationship manager Joanna Yu denies covering up for fugitive financier Low Taek Jho, better known as Jho Low.
She also rejects lawyer Harvinderjit Singh's claim that she was contacted by the wanted businessperson over the last few days.
Harvinderjit: You are trying to cover up for Jho Low?
Yu: No.
Harvinderjit: You have been in communication with him over the past few days?
Yu: No.

Witness disagrees Jho Low kept Najib in the dark over transfers
9.18am - Former AmBank relationship manager Joanna Yu disagrees that Low Taek Jho had kept Najib Abdul Razak in the dark over fund transfers to and from the then prime minister's bank accounts.
Low Taek Jho
She tells lawyer Harvinderjit Singh this when he cross-examines her over the wanted businessperson's various actions related to Najib's AmBank accounts between 2011 and 2015.
Harvinderjit: The various actions of Jho Low were all designed to ensure Najib was never told of the accurate balance in the accounts?
Yu: I disagree, but I do not know.
Harvinderjit: Jho Low's actions in regard to the accounts were designed to make Najib believe that there were sufficient funds in the accounts to issue checks?
Yu: There may have been discussions but I do not know (precisely about) discussions.

Counsels request tomorrow's hearing to start after lunch
9.11am - The hearing today starts with defence counsel Harvinderjit Singh telling the court that the accused, Najib Abdul Razak, has to appear before the Court of Appeal in Putrajaya tomorrow morning.
This is in relation to the former premier's bid to recuse Gopal Sri Ram from leading the prosecution in the 1MDB trial.
This is supported by Attorney-General Tommy Thomas, who tells the court that it would be convenient if the proceedings tomorrow began at 2pm.
Today's hearing then starts with Harvinderjit cross-examining former AmBank relationship manager Joanna Yu.

9.09am - Former prime minister Najib Abdul Razak enters the dock as proceedings begin. 
9.01am - Najib enters the court and takes a seat in the front row of the public gallery.
Najib Abdul Razak
Also seen in court awaiting the beginning of proceedings are Attorney-General Tommy Thomas and deputy public prosecutors, as well as the accused's lawyer Harvinderjit Singh and other members of the defence team.

A sense of urgency may inform the 49th day of Najib Abdul Razak’s RM42 million SRC International trial, following the Court of Appeal throwing out an appeal to postpone the RM2.28 billion 1MDB hearing yesterday.
Prosecutors and defence lawyers now have only eight days to wrap up the SRC International trial before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali. 
The 1MDB hearing before a separate high court will begin on Aug 19.
Even though lead defence counsel Muhammad Shafee Abdullah announced yesterday that the appeal will be taken to the Federal Court, all eyes will remain on the pace of the testimony of former AmBank customer relationship manager Joanna Yu, who has been in the stand since July 22.
With defence counsel Harvinderjit Singh informing Nazlan yesterday that he has around an hour's worth of questions for Yu, it is possible that the prosecution may yet have the opportunity to re-examine the 54th witness today.
- Mkini

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