The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 55th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Court allows defence to ask which witnesses were interviewed by MACC
- Witness can't confirm that seized bank docs weren't manipulated
- Defence scrutinising possible leak to Sarawak Report
- MACC wrapped up SRC probe last June, witness says
- 'Nothing from the defence saying it wasn't Najib's signature'
- Najib enters the dock and proceedings resume
Court allows defence to ask which witnesses were interviewed by MACC
11.55am - Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali (photo, above) is allowing the defence to question MACC investigating officer Rosli Hussain on which of the witnesses were interviewed by the anti-graft agency and when he had recorded their statements in the investigations that began in 2015.
The court made the ruling on the heels of heated exchange between Najib Abdul Razak's lead counsel Muhammad Shafee Abdullah, co-counsel Hatvinderjit Singh, and DPP V Sithambaram.
Sithambaram argues the defence cannot ask Rosli about which of the witnesses and the date their statements taken as all material witnesses - at present 56, excluding Rosli - had already been called to testify.
"All witnesses relevant to the case has been called and questioned (in court)," says Sithambaram.
Harvinderjit argues that the defence is merely seeking to know the dates and which witnesses were questioned by Rosli and furthermore, the defence is not going to ask on every single witness ever interviewed by Rosli.
Shafee backs Harvinderjit by saying that even though the prosecution believes the request to be immaterial to the current case, the defence may think it is relevant to Najib Abdul Razak's defence.
"Proceed," Nazlan says in allowing the defence's application.
Witness can't confirm that seized bank docs weren't manipulated
11am - The witness says he cannot confirm that documents seized from AmIslamic Bank in relation to the SRC International probe were not manipulated.
Under cross-examination by defence counsel Harvinderjit Singh, MACC investigating officer Rosli Hussain agrees that a possible leak could have happened at AmIslamic Bank.
Harvinderjit: From what we saw before July 6, 2015, there had already been a situation where there was a leak from AmIslamic Bank, correct?
Rosli: That is the assumption.
Harvinderjit: Can you confirm that there is no manipulation of all the documents in these folders (seized by Bank Negara from AmIslamic Bank on July 6, 2015)?
Rosli: I received it as is.
Harvinderjit: You cannot say for sure that there is no manipulation on these folders before July 6, 2015?
Rosli: Yes, I agree.
Defence scrutinising possible leak to Sarawak Report
10.50am - Defence counsel Harvinderjit Singh (photo) shifts his line of questioning, and zooms in on where whistleblower website Sarawak Report got its information on SRC International.
Harvinderjit says Sarawak Report published its article on SRC International on July 2, 2015, days before MACC launched its probe on July 6.
He asks MACC investigating officer Rosli Hussain if his team had investigated a possible leak of bank documents.
The officer replies in the negative, and says his team focused on the possible violations of MACC Act 2009, Penal Code, and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Harvinderjit: In your probe, you visited the banks. This means that before your team went there to get the documents, there was already a situation where these documents had been leaked (to Sarawak Report) already.
Rosli: Based on this (circumstance), we can assume that.
Harvinderjit: Did you find out who in AmIslamic Bank leaked the document?
Rosli: Oh, I do not know.
Harvinderjit: So can we say that you didn't find it important to investigate this (leak)?
Rosli: It should be for the police to investigate.
Harvinderjit: So it is not important for you to probe?
Rosli: Yes, I was focusing on my investigation.
Harvinderjit: You wouldn't know if other documents from the bank had been leaked (as well)?
Rosli: Yes (I would not).
MACC wrapped up SRC probe last June, witness says
10.20am - The court hears that the MACC wrapped up its criminal probe against former prime minister Najib Abdul Razak in connection to SRC International on June 12 last year.
Under cross-examination by defence lawyer Harvinderjit Singh, MACC investigating officer Rosli Hussain says that he forwarded the investigation paper to the Deputy Public Prosecutor's Office on that date.
The paper was forwarded with a suggestion to charge Najib (photo) in court, he adds.
According to Rosli, the investigation paper was first forwarded to the Deputy Public Prosecutor's Office on Dec 31, 2015 – the deadline given by his superior Bahri Md Zin to complete the probe.
'Nothing from the defence saying it wasn't Najib's signature'
10am - MACC investigating officer Rosli Hussain says he did not receive any document from the defence stating it was not the signature of Najib Abdul Razak on various bank documents related to the 2015 SRC International probe.
The witness says this during questioning by deputy public prosecutor Suhaimi Ibrahim.
Suhaimi: As the (MACC) investigating officer, have you received documents from the defence stating that the accused's signature in the (bank) documents that you received was not the accused's signature, or that the accused's signature was inserted (into the documents)?
Rosli: None, Yang Arif.
Yesterday, Rosli (photo) told the court that when questioned by MACC, Najib confirmed it was his signature on various bank documents linked to his AmBank accounts.
Among these were documents authorising transfers of millions of ringgit, and a letter appointing SRC International CEO Nik Faisal Ariff Kamil as the mandate holder of the accounts.
Suhaimi then informs the court that he has completed his examination.
Defence lawyer Harvinderjit Singh begins his cross-examination of Rosli.
Najib enters the dock and proceedings resume
9.10am - Najib Abdul Razak enters the dock as proceedings resume with the 57th witness, MACC investigating officer Rosli Hussain, to be questioned by deputy public prosecutor Suhaimi Ibrahim.
8.59am - The accused enters the court and takes a seat at the front row of the public gallery.
Also seen awaiting proceedings to begin are Attorney-General Tommy Thomas and other presecutors, as well as Muhammad Shafee Abdullah and other members of the defence.
The prosecution expects to wrap up its examination of MACC investigating officer Rosli Hussain on the 55th day of Najib Abdul Razak's RM42 million SRC International trial.
This was conveyed to Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali by deputy public prosecutor Suhaimi Ibrahim.
This suggests that the defence may get its chance to cross-examine Rosli during today's half-day trial session.
Both the prosecution and defence have a chance to wrap up the prosecution stage by Friday, as Najib's 1MDB has been postponed to Monday next week.
However, both parties would need to work within many half-day trial slots because of the many unrelated criminal cases scheduled for hearing and mentions before Nazlan.
This is due to the SRC trial initially being scheduled to end last week, and being extended to hear Rosli's testimony.
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