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Thursday, August 8, 2019

NAJIB TRIAL - Day 50: Concern made me still keep tabs on SRC investment: Witness

The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 50th 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
  • Concern made me still keep tabs on SRC investment: Witness
  • No use intervening in SRC’s attempt to get second RM2b loan: Husni
  • Objection on SRC's first loan raised directly with Najib, and not Cabinet
  • Cabinet only agrees with no discussion, says former minister
  • Judge halts defence from raising sexual harassment allegation
  • Najib behind sexual harassment allegation against me: Husni
  • I lied to the media in 2016 to protect Najib, says former minister
  • Husni: I resigned because Najib wanted to transfer me and because of Allah 

Court breaks for lunch
12.40pm - Court breaks for lunch. Proceedings will resume at 2.15pm.

Concern made me still keep tabs on SRC investment: Witness
12.25pm - Despite being allegedly told by then prime minister and finance minister Najib Abdul Razak not to get involved in 1MDB and its subsidiaries, former second finance minister Ahmad Husni Hanadzlah was driven by a concern to keep tabs on SRC International's overseas investments.
56th witness Husni admits this during cross-examination by lawyer Muhammad Shafee Abdullah.
Shafee is referring to paragraph seven of Husni's written witness statement, where he said that he directed the Investment Department secretary Dr Isa Hussain to visit Jawa, Indonesia, to check on SRC International's investment there.
In paragraph six of the witness statement, Husni said that he was informed by a Finance Ministry officer that part of the RM4 billion loan to SRC International was invested in coal mining in Jawa, among others.
Shafee: You still got involved, asking an officer to go and check on SRC's investment in various parts (such as Jawa)?
Husni: Yes. I was concerned.
Shafee: You still got involved because you got concerned on SRC's investment?
Husni: Concerned is enough la.
On Tuesday, Husni testified that towards the end of 2009, Najib had told him not to get involved in matters concerning 1MDB and its subsidiaries.
Husni was told this after he raised concern on 1MDB's joint venture with Petro Saudi.

No use intervening in SRC’s attempt to get second RM2b loan: Husni
11.10am - Former second finance minister Ahmad Husni Hanadzlah testifies that he did not raise any objection when SRC International applied for its second government guarantee for an additional RM2 billion loan from Retirement Fund Incorporated (KWAP) in 2012.
The reason being, according to him, was that there would be no use to do so.
"I know I cannot do anything," he says, answering a question posed by defence lawyer Muhammad Shafee Abdullah.
Instead, Husni (photo, above) adds in his testimony, he took it upon himself to check how the monies loaned by KWAP to SRC International was used by the company, including to check if its purported overseas investments really exist.
On Tuesday, Husni had during examination-in-chief by the prosecution testified he had suggested to then prime minister Najib Abdul Razak on taking a delegation to Switzerland to check on the money deposited there by SRC but was not approved.

Objection on SRC's first loan raised directly with Najib, and not Cabinet
10.50am - The court hears from witness Ahmad Husni Hanadzlah that he had raised his objection on SRC International securing a government guarantee for its RM2 billion loan in 2011 with then prime minister Najib Abdul Razak.
Husni, who was the second finance minister, testifies that he raised his concern with Najib at the PM's office instead of during cabinet meeting.
This was because Najib had the power to decide to withdraw the cabinet paper for the guarantee, according to him.
Under cross-examination by lead defence counsel Muhammad Shafee Abdullah, Husni was then pressed on the circumstances why he did not raise his concern in the cabinet meeting where the matter was tabled.
To this, Husni says "in politics, things are different".

Cabinet only agrees with no discussion, says former minister
10.45am - Former second finance minister Ahmad Husni Hanadzlah testifies that the Cabinet during his tenure rarely had a discussion on papers and merely agrees.
The 56th witness tells lawyer Muhammad Shafee Abdullah this during cross-examination.
"There was no discussion, just table, then agree. It has been a reality of the Cabinet.
"When table, agrees. Except for 1MDB, then there were some clashes," Husni says.
He is answering Shafee's question about whether a Cabinet meeting that Husni attended had discussed on whether to approve the proposal for a government guarantee for Retirement Fund Inc’s (KWAP) RM2 billion loan to SRC International.

Judge halts defence from raising sexual harassment allegation
10.16am - Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali stops the defence from further cross-examining former second finance minister Ahmad Husni Hanadzlah over a sexual harassment allegation against the witness.
The ruling was issued following objections from DPP V Sithambaram, who likens the questioning to be scandalous in nature and not relevant to the main aspect of the RM42 million SRC International case against former prime minister Najib Abdul Razak.
"On the issue of the sexual allegation, it is scandalous in nature, so I disallow any question on it," Nazlan rules.
Earlier, Shafee contended that the line of questioning was relevant in order to ascertain Husni's credibility as a witness.
Sithambaram (photo, above) had countered that the questioning should not be permitted as the answer by the witness, such as on the alleged female victim's police report, has no bearing on Najib's seven charges of abuse of power, criminal breach of trust, and money laundering.

Najib behind sexual harassment allegation against me: Husni
10am - Former second finance minister Ahmad Husni Hanadzlah believes that then-premier Najib Abdul Razak was behind allegation of sexual harassment against him.
This stunning claim is made by the 56th witness during cross-examination by lawyer Muhammad Shafee Abdullah.
Najib's lead lawyer Shafee is questioning Husni over a Hansard document on the latter's speech at Parliament on 24 Oct 2016.
In the speech, Husni had complained that following him raising concerns about the way 1MDB is managed, he was hit by various serious allegations such as graft and a sexual harassment claim by a female staff of his.
Shafee: That is why you are upset?
Husni: Yes.
Shafee: You associate (the sexual harassment claim) with Najib?
Husni: Yes.
Shafee: Sexual harassment (allegation) by your own staff. You think Najib is behind the sexual harassment report against you by your own female staff?
Husni: Yes.
Shafee: There was a police report lodged against you?
Husni: Yes.

I lied to the media in 2016 to protect Najib, says former minister
9.50am - The court hears from former second finance minister Ahmad Husni Hanadzlah that he had lied to the media and the public in 2016 when he said his resignation from the cabinet did not have anything to do with 1MDB or SRC International.
He testifies that he did this out of respect for the then prime minister Najib Abdul Razak.
"Yang Arif, do you want me to respect the PM or not?
“Out of respect, I mentioned to the press, it had nothing to do (with 1MDB and SRC)," Husni says when asked by defence lawyer Muhammad Shafee Abdullah (photo, above) on his remarks during media interviews and his speech in his constituency when he was the Tambun MP.

Husni: I resigned because Najib wanted to transfer me and because of Allah
9.45am - The hearing resumes today with former second finance minister Ahmad Husni Hanadzlah returning to the witness stand as the prosecution's 56th witness.
After several questions by DPP Muhammad Izzat Fauzan to complete his examination-in-chief, the court hears Husni detailing his qualification in financial matters under cross-examination by lead defence counsel Muhammad Shafee Abdullah.
Shafee then continues his line of questioning by asking the former Tambun MP on the reason why he quit the cabinet in 2016.
Husni testifies that he told the then prime minister Najib Abdul Razak to drop him as Najib had wanted to transfer him to lead the ‘local government' ministry.
He also denies media reports that cited he was going to be transferred to be in charge of the Economic Planning Unit under the Prime Minister's Department.
"This is what came out from the mouth of the PM (that I'm going to be transferred to lead the local government ministry)."
Adding further, Husni tells the court that this was not the only reason for his resignation.
He says he intended to quit the cabinet since 2015 when he was tasked to carry out rationalisation plan for 1MDB's RM42 billion debt.

9.16am - Najib Abdul Razak enters the dock as proceedings begin.
9am - Najib enters the court and takes a seat in the front row of the public gallery.

More stunning testimony on 1MDB-related matters may come from former second finance minister Ahmad Husni Hanadzlah as Najib Abdul Razak's RM42 million SRC International trial enters its 50th day.
Among the more eye-opening revelations Husni made on Tuesday include being told by the "autocratic" former premier not to interfere in 1MDB.
Despite being Najib's number two in the Finance Ministry, Husni also said he was rendered a mere "office boy" when it came to decisions on the multibillion ringgit Retirement Fund Inc (KWAP) loans to SRC International.
Defence lawyers are expected to grill the 56th witness vigorously before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, having taken a day to prepare for today's cross-examination.
This may be due to Husni's testimony threatening to overturn the defence's contention that Najib was unaware of the alleged machinations of fugitive businessperson Low Taek Jho and former SRC International CEO Nik Faisal Ariff Kamil in funnelling tens of millions into his AmBank accounts.
 -Mkini

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