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.
HIGHLIGHTS
- Najib sought amendment to remove ambiguity on his role in 1MDB
- Former CEO: All major decisions on 1MDB came through Jho Low
- Jho Low often consults decision-makers on 1MDB matters: Witness
- Najib indicated to me to follow Jho Low's instructions: Shahrol
- TIA morphed into MDB based on feedback from Mubadala CEO
- RM5b of TIA bonds sold for RM4.396b to Jho Low's companies
- Najib ordered TIA bond issuance to proceed
- No request from Terengganu MB to include state gov't 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
Thank you for following Malaysiakini's live report
Thank you for following our live report today.
Court adjourns for the day
4.30pm- Proceedings then adjourn for the day and will resume at 9.30am tomorrow.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi, the 9th witness in the trial will continue his testimony.
Najib sought amendment to remove ambiguity on his role in 1MDB
4.15pm - Najib Abdul Razak sought an amendment to 1MDB's Memorandum and Articles of Association (M&A) to remove ambiguity that the prime minister is the origin of the sovereign wealth fund's authority.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi, the 9th witness, tells the court that the change of "federal government of Malaysia" to "prime minister" by Jho Low in 1MDB's M&A was to achieve this purpose.
"I remember that the change from "federal government of Malaysia" to "prime minister" was an order from Low who said Najib wanted the amendment.
This was to ensure there is no ambiguity that the origin of 1MDB's authority is only from the prime minister. This change was made on Aug 11, 2009," Shahrol says.
He says on that date, there was an amendment to Article 117 of 1MDB's M&A, which substituted "federal government of Malaysia" with "prime minister".
Former CEO: All major decisions on 1MDB came through Jho Low
4pm - Shahrol Azral Ibrahim Halmi tells the court that in his years as 1MDB CEO, all major decisions as per the company's Article 117 of Memorandum of Association were delivered to him through businessperson Jho Low.
According to his testimony, Article 117 of 1MDB's M&A stipulated that all decisions by the company regarding its financial activities, investments, restructuring, interests, securities and national policies must take into account the view of the prime minister as a representative of the federal government.
For the record, during the years when Shahrol was 1MDB CEO from 2009 until 2013, the prime minister then was Najib Abdul Razak who was also finance minister.
Shahrol (photo) testifies that Low would always email him or used Blackberry Messenger to send documents of talking points and action plans.
This includes details such as the objectives of the Terengganu Investment Authority (precursor of 1MDB), the rationale behind loan taking and the government-to-government relationship between Petrosaudi International and 1MDB, as well as Aabar/IPIC and 1MDB.
"Sometimes or whenever the need arose, we would also go to his (Low) house at Jalan Kia Peng where Low would explain on further steps that I have to take.
"Low would say that these actions were instructions that had received blessing from Najib, who carried the mandate of Article 117 to be accomplished by all of us who are in the working team."
Jho Low often consults decision-makers on 1MDB matters: Witness
3.47pm - Jho Low's work pattern in relation to 1MDB was to have pre-discussions with decision-makers before formalisation to ensure no objections, the court hears.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi says the official letters that followed were a mere formalisation of the discussions he had with Low (photo), who had already discussed with Najib Abdul Razak who was then prime minister.
"It is the formalisation of discussions I had with Low, which he had already discussed with various stakeholders including Najib.
"In that month of July 2009, after only working three to four months alongside Low, I recognise a working pattern which is always that there is pre-discussion with decision-makers to ensure that whatever has been put down or will be put down (on paper) in the letters had already been agreed to and will receive no objection.
"This is to allow TIA and 1MDB to move very quickly and eliminate typical back and forth," Shahrol says.
When lead DPP Gopal Sri Ram asks whether it is like a boomerang, Shahrol without missing a beat replies "You said it, not me".
This drew chuckles from others in court.
Najib indicated to me to follow Jho Low's instructions: Shahrol
3.37pm - The former premier Najib Abdul Razak at times indicated to then 1MDB CEO Shahrol Azral Ibrahim Halmi to follow Jho Low's instructions, the court hears.
The 8th witness tells lead DPP Gopal Sri Ram this during the examination-in-chief.
Sri Ram: Did he (Najib) tell you to follow Low's instructions?
Shahrol: Najib never told me to follow Low. However, he indicated on one or two occasions, when I queried Najib on bringing back funds entrusted to SRC International. This was most likely in 2010 or 2011, in which Najib told me to talk to Jho (Low).
TIA morphed into MDB based on feedback from Mubadala CEO
3.25pm - The court hears that Terengganu Investment Authority (TIA) Bhd had proposed its evolution into Malaysia Development Bhd (MDB) based on feedback from Mubadala CEO, Khaldoon Khalifah Al Mubarak.
Former TIA CEO Shahrol Azral Ibrahim Halmi says the proposal was made to then prime minister and finance minister Najib Abdul Razak through a letter dated June 25, 2009.
According to Shahrol, Khaldoon was on the TIA board of advisers and later became a member of 1MDB's board of advisers but never attended any official meeting.
Shahrol says TIA had asked for feedback on the change of concept from TIA to 1MDB from Mubadala, which was a world-renowned sovereign wealth fund.
RM5b of TIA bonds sold for RM4.396b to Jho Low's companies
3pm - The court hears that TIA's bonds worth RM5 billion were sold for RM4.369b on May 26, 2009 through an agreement between the company and AmInvestment Bank Bhd.
Former TIA CEO Shahrol Azral Ibrahim Halmi says the difference included the fees of between RM100m and RM200m to AmBank as lead arranger.
However, he could not recall the exact amount of fees that went to the bank.
Shahrol, to a question posed by DPP Gopal Sri Ram, tells the court that he was informed by police that the two companies belonged to wanted businessperson Low.
He says the police told him this when he was called to facilitate investigations last year on the bonds that were sold to the two companies based in Singapore and Hong Kong.
"I can't recall their names now. Who then resold the bonds at par value back to entities in Malaysia," he tells the court.
The remaining amount of the difference between RM500m and RM600m, according to Shahrol, was due to the bonds being sold at a discount.
Shahrol testifies that TIA was not informed at that time to whom the bonds were sold with a discount.
Najib ordered TIA bond issuance to proceed
2.47pm - Former prime minister Najib Abdul Razak ordered the TIA's bond issuance to proceed despite the Terengganu palace's directive for it to be suspended, the court hears.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi says that Najib issued this order while the witness was at his official residence in Langgak Duta on the night of May 22, 2009.
Shahrol says Najib had told him "You go ahead, I will talk to Tuanku".
"I received this as an order and mandate from the prime minister as finance minister to proceed with the TIA bonds because he was the minister responsible in giving the government guarantee (for the bond issuance)," he says.
The witness adds this is how Najib reacted when Shahrol told him that Sultan Mizan had directed for the TIA bond issuance to be suspended pending the fulfillment of certain conditions.
Shahrol testifies that wanted businessperson Jho Low was also there at Najib's official residence at the time.
No request from Terengganu MB to include state gov't 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 says 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 (above) and 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, Sultan 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, testifies 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), says Low had transferred the money into his bank account for this purpose.
He says 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 (photo) 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 testifies 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 tells 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 the 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 says.
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, Sultan Mizan Zainal Abidin, who was also the then Yang di-Pertuan 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, says 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, the ruling can be suspended to the end."
Earlier, before both parties make their submission on the matter, Sequerah (photo) 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 Low and Najib.
"In quoting my client, there has been double hearsay. He (Shahrol) is not saying what my client is saying, but what 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 which is relevant and should be proved or disproved, not that of Shahrol or 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 a direct bearing on whether Najib Abdul Razak had been misled by the wanted businessperson, the court hears.
Lead DPP Gopal Sri Ram submits: "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 Low.
'The prosecution is therefore entitled to show he was not or could not have been misled by Low.
"What Low told the particular witness (Shahrol) is of particular importance."
Sri Ram, who is also a former Federal Court judge, is submitting on why Shahrol's testimony on what 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 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 Low to 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 convicting a suspect.
Citing the 2009 case of Chan King Yu vs Public Prosecutor, Shafee (photo) 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 Low 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 Low, natural justice principle is not here as I cannot question Low (on what Shahrol claimed the fugitive financier said to the witness)," Shafee tells the court.
Under the 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
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.