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Tuesday, September 24, 2019

NAJIB 1MDB TRIAL - Day 12: No request from Terengganu MB to include state govt rep in TIA



The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and laundering of 1MDB funds enters its 12th day at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.

Summary of Najib’s 1MDB ‘donation’ case

Najib is facing 25 charges of receiving RM2.28 billion, which originated from 1MDB through Tanore Finance Corp, a company owned by Eric Tan, a close associate of fugitive businessperson Jho Low.

HIGHLIGHTS
  • No request from Terengganu MB to include state govt rep in TIA
  • Sultan Mizan's sister appointed as TIA director in May 2009
  • Refund money for Jho Low's loan used to sponsor orphans 
  • Witness worked at frantic pace in gov't guarantee for TIA bonds issue
  • Jho Low told TIA directors that Sultan Mizan wants his sister on board 
  • Shahrol Azral resumes testimony
  • Judge suspends ruling on objection against hearsay evidence
  • Defence contends witness committed double hearsay over Jho Low
  • Witness testimony on Jho Low not hearsay, court hears
  • Defence invites the prosecution to produce Jho Low in court
  • Shafee: Superior courts also made mistake, convicted man on hearsay
  • Jho Low not in court to confirm witness' assertion: Najib's defence
  • Najib's defence begins submission on objection against alleged hearsay 

No request from Terengganu MB to include state govt rep in TIA
2.40pm - A former 1MDB CEO tells the court that there was no request made by the state government to include its representative in Terengganu Investment Authority (TIA) Bhd's board of directors.
Shahrol Azral Ibrahim Halmi in his testimony said the absence of Terengganu representative was despite TIA being fully owned by the Terengganu Menteri Besar Incorporated.
"This was because there was no request from Terengganu MB whatsoever to the company during that material time.
"Thus, TIA had continued its bonds issuance plan as already agreed by TIA's board of directors.
"At that time, all dealings with the Terengganu state government was also managed by TIA advisers namely Jho Low and Dato' Aziz Akhir.
"I myself had never dealt with the Terengganu state government."
For the record, Aziz is the husband of Tengku Rahimah Puteri, who is the sister of Terengganu ruler, Tuanku Mizan Zainal Abidin.

Proceedings resume after lunch break.
2.33pm - The hearing resumes after lunch break, with former 1MDB CEO Shahrol Azral Ibrahim Halmi taking the stand. 

Court breaks for lunch
12.55pm - The court breaks for lunch and expected to resume at 2.30pm.

Sultan Mizan's sister appointed as TIA director in May 2009
12.53pm - The court hears from Shahrol Azral Ibrahim Halmi that Tengku Rahimah Puteri, who is the sister of Terengganu ruler Tuanku Mizan Zainal Abidin, was appointed as a director of Terengganu Investment Authority (TIA) on May 17, 2009.
Shahrol, who was a former CEO of TIA, which later became 1MDB, testified that the appointment was made through a directors' resolution signed by another director Ismee Ismail and himself.

Refund money for Jho Low's loan used to sponsor orphans 
12.50pm - The court hears that 1MDB-linked businessperson Jho Low had in 2009 loaned the company's precursor some RM70,000 to increase its share capital.
Shahrol Azral Ibrahim Halmi, who was the CEO of the company then known as Terengganu Investment Authority (TIA), said Low had transferred the money into his bank account for this purpose.
He said the RM70,000 was regarded by the company as a form of director's loan, and was later reimbursed by TIA through Shahrol's account.
However, according to the witness, Low had told Shahrol "later, later" when informed that the reimbursement is ready to be transferred back to Low.
"After a while, I stopped asking. I then used the money for charity purposes."
Shahrol is then asked by lead DPP Gopal Sri Ram if he remembers what was among the charities that he had channelled the money to.
Shahrol then tells the court that one he could remember was sponsoring orphans to watch "Upin dan Ipin" performance in Istana Budaya.

Witness worked at frantic pace in gov't guarantee for TIA bonds issue
12.40pm - Former 1MDB CEO Shahrol Azral Ibrahim Halmi testified that they all worked at a frantic pace in the obtaining of government guarantee for Terengganu Investment Authority (TIA) bonds issue in 2009.
The 8th witness told lead DPP Gopal Sri Ram that they had to so as it involved stakeholders such as former prime minister Najib Abdul Razak and the then Agong, who was also Sultan of Terengganu.
"The pace was extremely frantic. We were moving at superspeed because of a sense of urgency.
"For me at least, we needed to do something for stakeholders Najib and Tuanku (Agong), that we can be trusted," Shahrol said.

Jho Low told TIA directors that Sultan Mizan wants his sister on board
12.25pm - The court hears from Shahrol Azral Ibrahim Halmi that the Ruler of Terengganu Tuanku Mizan Zainal Abidin, who was also the then Yang Dipertuan Agong, wanted his sister to be appointed as a director in Terengganu Investment Authority (TIA) in 2009.
Shahrol, who was the CEO of TIA which later became 1MDB, said this was what businessperson Low Taek Jho had told him then.
"After this resolution was done, Jho Low informed that His Highness Tuanku Mizan had decreed for TIA board of directors to appoint his sister to be one of TIA directors to represent the interest of Terengganu state."

Shahrol Azral resumes testimony
12.15pm - Former 1MDB CEO Shahrol Azral Ibrahim Halmi takes the stand and resumes his testimony under examination-in-chief by DPP Gopal Sri Ram.

Judge suspends ruling on objection against hearsay evidence 
12.10pm - After hearing submissions from both lead defence counsel Muhammad Shafee Abdullah and lead DPP Gopal Sri Ram on the defence's objection against aducement of 'hearsay' evidence in the trial, the judge says he will suspend his decision.
Justice Collin Lawrence Sequerah says: "As i said earlier, ruling can be suspended to the end."
Earlier, before both parties make their submission on the matter, Sequerah has told them that the court might only deliver its decision at the end of the prosecution case.
Sequerah then orders for the trial to resume.

Defence contends witness committed double hearsay over Jho Low
11.49am - The court hears that former 1MDB CEO Shahrol Azral Ibrahim Halmi has committed double hearsay by testifying what Jho Low told him based on what Najib Abdul Razak allegedly told the fugitive businessperson.
This is in the submission by lead counsel Muhammad Shafee Abdullah on the defence objection to parts of the 8th witness' Witness Statement involving Jho Low and Najib.
"In quoting my client, there has been double hearsay. He (Shahrol) is not saying what my client is saying, but what Jho Low heard from my client, then tell me (Shahrol).
"This is double hearsay and it is certainly inadmissible," Shafee argues.
He adds that it is Najib's state of mind is relevant and should be proved or disproved, not that of Shahrol or Jho Low.

Witness testimony on Jho Low not hearsay, court hears
11.30am- Former 1MDB CEO Shahrol Azral Ibrahim Halmi's testimony on Jho Low is not hearsay as it has direct bearing on whether Najib Abdul Razak had been misled by the wanted businessperson, the court hears.
Lead DPP Gopal Sri Ram submits this is because the context of what Shahrol testified hearing Jho Low said will show whether Najib had been misled, which is the crux of the accused's defence.
"The context in which the statement is made, the charge against the accused (Najib) and the charge is that he used his office and position.
"In that context, his (Najib) defence appears to be he was misled by Jho Low.
'The prosecution is therefore entitled to show he was not or could not have been misled by Jho Low.
"What Jho Low told the particular witness (Shahrol) is of particular importance," Sri Ram says.
Sri Ram, who is also a former Federal Court judge, is submitting on why Shahrol's testimony on what Jho Low allegedly told him does not come under the characterisation of hearsay.

Defence invites the prosecution to produce Jho Low in court
11.05am - In wrapping up his argument objecting the aducement of hearsay evidence in Shahrol Azral Ibrahim Halmi's testimony, defence counsel Muhammad Shafee Abdullah says allowing such evidence can lead to injustice and unfair trial.
He then invites the prosecution to produce in court the 1MDB-linked businessperson Low Taek Jho, whom Shahrol had been citing many times in his testimony.
"Yang Arif, I don't think it's out of place for me to say, the IGP has said that we (Malaysia) have identified Jho Low, where he is.
"The PM said, the DPM said it. And if the IGP said it, they must have determined where he is.
"I would like to invite Jho Low be produced, so we can determine the truth."

Shafee: Superior courts also made mistake, convicted man on hearsay
10.45am- The court hears from lead defence counsel Muhammad Shafee Abdullah that relying on hearsay evidence had seen even superior courts wrongly convicted a suspect.
Citing the 2009 case of Chan King Yu versus public prosecutor, Shafee says that the man who had earlier been convicted by a Magistrate and later by the Court of Appeal for a drug offence, was finally acquitted by the Federal Court.
It was cited that the prejudicial element was a police officer citing in court about a piece of information that he received on the accused, which the Federal Court ruled as hearsay.
Shafee says the Federal Court decided that the court cannot allow a police officer to cite such information in court.
"(Even) two superior courts, and Court of Appeal, convicted this man.
"This is to demonstrate to Yang Arif that even superior court makes mistake," Shafee submits.

Jho Low not in court to confirm witness' assertion: Najib's defence
10.18am- Najib Abdul Razak's defence submits that Jho Low is not in court to prove what former 1MDB CEO Shahrol Azral Ibrahim Halmi claimed the wanted businessperson said.
Lead defence counsel Muhammad Shafee Abdullah tells the court in his submission that the alleged hearsay portion of Shahrol's Witness Statement should not be allowed.
The contentious portion is in relation to what Jho Low (photo) allegedly told Shahrol, such as closeness with then prime minister Najib.
"(Testimony on) what the accused (Najib) told him (Shahrol), that is allowed as he (Najib is here in court) and the principles of natural justice kicks in.
"But when it comes to Jho Low, natural justice principle is not here as I cannot question Jho Low (on what Shahrol claimed the fugitive financier said to the witness)," Shafee tells the court.
Under law, natural justice refers to the right to fair hearing and rule against bias.

Najib's defence begins submission on objection against alleged hearsay
10.05am- Najib Abdul Razak's defence team begins submitting on their objection against the alleged hearsay element in former 1MDB CEO Shahrol Azral Ibrahim Halmi's Witness Statement. 
The alleged hearsay portions of the Witness Statement deal with that involving wanted businessperson Jho Low, such as on his alleged closeness with then prime minister Najib in 2009.

10am- Proceedings begin and Najib Abdul Razak enters the dock.
Also seen in court are lead DPP Gopal Sri Ram and other DPPs as well as lead defence counsel Muhammad Shafee Abdullah and other members of the defence team.

9.30am- Accused Najib Abdul Razak enters the court and takes a seat at the front row of the public gallery to await proceedings to begin.

Former 1MDB CEO Shahrol Azral Ibrahim Halmi delivered a series of explosive testimonies during Najib Abdul Razak's RM2.28 billion 1MDB trial yesterday.
Having only testified around 10 percent of his 270-page witness statement, the ninth witness told the Kuala Lumpur High Court that fugitive businessperson Jho Low was allegedly so close to then-premier Najib that the wanted businessperson would take it upon himself to order iced Milo from house staff while at the accused's official residence in April 2009.
Among other sensational testimony the key witness gave was that the fugitive financier purportedly advised both the federal and Terengganu governments on the formation of 1MDB's predecessor Terengganu Investment Authority (TIA) in February 2009.
As the proceedings before judge Collin Lawrence Sequerah enters the 12th day this morning, the court may however first opt to hear submissions on objections by Najib's defence team over portions of Shahrol's witness statement.
Yesterday, lead defence counsel Muhammad Shafee Abdullah sought to expunge Shahrol's witness statement that touched on Jho Low being allegedly close to Najib, claiming that it amounted to hearsay.
Lead DPP Gopal Sri Ram has indicated the prosecution would prepare counter-submissions today that Shahrol's testimony is still admissible in the proceedings. - Mkini

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