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Thursday, September 5, 2019

NAJIB 1MDB TRIAL - Day 5: 'Jho Low was at Najib's house more often than others'



The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and laundering of 1MDB funds enters its fifth 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 RM2.28b, which originated from 1MDB through Tanore Finance Corp, a company owned by Eric Tan, a close associate of fugitive businessperson Jho Low.

KEY HIGHLIGHTS
  • 'Jho Low was over at Najib's house more often than others'
  • Jho Low involved in bid to bring Man City to M'sia - witness
  • 'Jho Low is a puppetmaster, can get whatever he wants'
  • Prosecution says will seek to revoke bail if Najib is late again
  • Court erupts in laughter as judge's pen runs dry
  • Jho Low told Najib's aide to take his time repaying US$200k loan
  • Najib's ex-aide says was advised not to listen to Jho Low
  • Proceedings resume, with Najib this time
  • Threat of losing jobs came from Jho Low, says Najib's ex-aide
  • 'S'pore bank account opened to prepare for GE13'
  • Najib's ex-aide agrees that 'dead men tell no tales'
  • BSI account opened under shell company, says Najib's ex-aide
  • 'Najib didn't know that Jho Low ordered aide to open S'pore bank account'

Thank you for following Malaysiakini's live report
4.44pm - Thank you for following our live report today.

Trial adjourns to next Tuesday
4.40pm - The hearing is adjourned to 9.30am next Tuesday, with the defence expected to resume their cross-examination of Najib Abdul Razak's former special officer, Amhari Efendi Nazaruddin. 

'Jho Low was over at Najib's house more often than others'
4.05pm - Amhari Efendi Nazaruddin testifies that 1MDB-linked businessperson Low Taek Jho was often seen at Najib Abdul Razak's home.
He says this under cross-examination by lead defence lawyer Muhammad Shafee Abdullah, who is asking him why Amhari and his then-superior Azlin Alias thought of Low as someone close to the former premier.
Amhari also tells the court that in his and Azlin's meetings with Low, it was the businessperson who picked the venues, due to his closeness to Najib. 
Shafee: Tell me, what have you personally witnessed that you can conclude that  Low was someone close to Najib?
Amhari: I saw him, more often than anyone else, going in and out of Najib’s home.
Shafee: You witnessed this personally? Where? Jalan Langgak Duta house or...
Amhari: Both (residences). Mostly at Jalan Langgak Duta.

Jho Low involved in bid to bring Man City to M'sia - witness
3.20pm - Wanted businessperson Low Taek Jho once suggested bringing over English Premier League team Manchester City for a friendly match, testifies Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin.
Amhari is answering questions from lead defence counsel Muhammad Shafee Abdullah on when he sought Najib's confirmation on instructions given by Low.
Amhari: It does have something to do with Low, he suggested bringing Manchester City to Malaysia.
Shafee: So Low was even involved in the suggestion for Manchester City to come to Malaysia?
Amhari: Serious matters like 1MDB and its board are handled by (Najib's former chief private secretary) Azlin Alias (when confirming Low's instructions with Najib), but when it comes to social media and engaging people and events, Azlin said I can check and confirm on Low's instruction.

'Jho Low is a puppetmaster, can get whatever he wants'
2.45pm - Amhari Efendi Nazaruddin tells the court that 1MDB-linked businessperson Low Taek Jho (photo) is someone who can manipulate anyone – regardless of status – to get anything he wants.
Amhari, former aide to Najib Abdul Razak, is answering questions from lead defence counsel Muhammad Shafee Abdullah on why he earlier termed Low a master manipulator.
"Overwhelmingly, he is able to place people and meet people and persuade people in various positions, whether high positions, medium positions or low positions, involving domestic and international individuals and organisations, so that he will get what he wants. 
"To a point that most of the time, we don't know who these people are," he says.
The prosecution witness then employs a football analogy, saying that Low is like someone who knows the referee, the managers of both teams, and even the person who built the stadium, and can change the result of a game to his liking.
Amhari then agrees to Shafee's suggestion that Low is a puppetmaster.

Prosecution says will seek to revoke bail if Najib is late again
2.34pm - "If this carries on, we will seek a revocation of the bail."
Lead prosecutor Gopal Sri Ram (photo) makes the short but stern statement when Najib Abdul Razak is again late to the proceedings after the lunch break.
Earlier today, Najib entered the court late after a short recess.
"We will undertake to inform him," lead defence lawyer Muhammad Shafee Abdullah tells judge Collin Lawrence Sequerah, who then orders a temporary stand-down of proceedings.
A few minutes later, Najib is seen quickly entering court, and heads straight for the dock.

Proceedings resume
2.31pm - Proceedings resume after the break.

Court breaks for lunch
1pm - Court adjourns for lunch and will resume at 2.30pm

Court erupts in laughter as judge's pen runs dry
12.32pm - The court breaks out in laughter when Kuala Lumpur High Court judge Collin Lawrence Sequerah (photo) declares that his pen has run out of ink.
"(Need to) change pen," Sequerah tells a court interpreter.
The interpreter scurries off and returns with a new pen about a minute or two later.

Jho Low told Najib's aide to take his time repaying US$200k loan
12.15pm - A former aide to Najib Abdul Razak received a US$200,000 (over RM600,000 at the time) loan from fugitive businessperson Low Taek Jho in 2010, the court hears.
Amhari Efendi Nazaurddin testifies that he planned to repay the sum after selling his Kota Damansara home for approximately RM800,000.
He adds that he had first tried to secure loans from Bank Negara and other financial institutions before Low volunteered to lend him the money. 
The US$200,000 was transferred into his Maybank account from a company named Alsen Chance.
Amhari never repaid the loan, however. He says that he failed to sell his house, and that Low declined an offer for ownership to be transferred to him.
"After that, I tried again (to repay Low). I told him we can transfer the house. He said 'take your time'," the witness testifies.
Amhari tells lead defence counsel Muhammad Shafee Abdullah that there was no agreement for the loan, as Low said there was no need for one.

Najib's ex-aide says was advised not to listen to Jho Low
11.50am - Amhari Efendi Nazaruddin testifies that in 2008, his then-superiors at the Prime Minister's Office advised him not to listen to 1MDB-linked businessperson Low Taek Jho.
Amhari, a former special officer Najib Abdul Razak, says the advice was given to him by Ab Aziz Kassim and the late Azlin Alias.
Ab Aziz was then Najib Abdul Razak's chief private secretary, while Azlin was Amhari's immediate superior at the Economic Division of the PMO.
The witness says under cross-examination by lead defence counsel Muhammad Shafee Abdullah that Ab Aziz and Azlin advised him to only listen to Najib's orders and from no one else, including Low.
Amhari had sought their opinion after Low told him that Najib had approved his attendance at a meeting on the Terengganu Investment Authority Bhd (TIA) – the forerunner of 1MDB – on behalf of the then-deputy prime minister.
Shafee: My logical question is this, over a not so critical issue, you thought it was important to check what Low said. And then you were advised by no less than the two persons – Ab Aziz and Azlin – not to listen to anybody else but Najib. You were advised long ago not to listen to Low.
Amhari: Yes.

Proceedings resume, with Najib this time
11.32am - Proceedings resume with the accused, Najib Abdul Razak having come into court.
Lead defence counsel Muhammad Shafee Abdullah then apologises to the court for Najib (photo) not making his entry earlier.
Shafee then resumes his cross-examination of Najib's former special officer Amhari Efendi Nazaruddin.

Proceedings resume, without Najib
11.26am - As Kuala Lumpur High Court judge Collin Lawrence Sequerah enters the court, all parties from both the prosecution and defence are present, except the accused, Najib Abdul Razak.
The judge then stands down proceedings to allow the accused to come into court.

Court breaks for recess
11.05am - Court breaks for a 15-minute recess.

Threat of losing jobs came from Jho Low, says Najib's ex-aide
10.55am - Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin testifies that wanted businessperson Low Taek Jho threatened him and the former premier's chief private secretary Azlin Alias.
Amhari says this when lead defence counsel Muhammad Shafee Abdullah questions him on a portion of his witness statement, which states that he and Azlin felt that they may lose their jobs if they did not follow Low's instructions.
Shafee: You felt the threat from the Prime Minister's Office or prime minister (Najib)?
Amhari: Not directly from the prime minister. Low had the blessing of Najib.
Shafee: That is what Low claimed (to Azlin and Amhari). Did you feel the threat as being from your own boss (Najib) and conveyed by Low?
Amhari: As Azlin said (during a private discussion), the threat was not directly from the prime minister, but indirectly from the prime minister.
Shafee: It was from Low?
Amhari: Low.

'S'pore bank account opened to prepare for GE13'
10.26am - Najib Abdul Razak's former special officer testifies that 1MDB-linked businessperson Low Taek Jho asked him to open the BSI bank account in Singapore to prepare for the 2013 general election.
During cross-examination by lead defence counsel Muhammad Shafee Abdullah, Amhari Efendi Nazaruddin says that Low revealed this during a discussion with him and the late Azlin Alias, Najib's chief private secretary at the time.
Amhari: It was for preparation for GE13.
Shafee: You are just assuming that?
Amhari: I mentioned it was for political funding.
Shafee: You are merely assuming that?
Amhari: I disagree, as there was a discussion on the account as the election was looming.
Shafee: Now you are saying that during the (discussion of) opening the account while in a hotel room, Low said it was a standby account for the coming election?
Amhari: It was a discussion between Low, Azlin, and myself. It was from Low.
Shafee: Low said it was for the next election?
Amhari: Yes.
The bank account in question is the subject matter of several 1MDB charges against Najib.

Najib's ex-aide agrees that 'dead men tell no tales'
10.20am - Amhari Efendi Nazaruddin, a former aide to Najib Abdul Razak, agrees that his then-superior Azlin Alias (photo) would not be able to defend himself in court as he died in 2015.
Testifying under cross-examination by defence lawyer Muhammad Shafee Abdullah, he also agrees that it would be easy for someone to pin blame on a dead man.
Shafee: Agree that dead men tell no tales (orang yang sudah meninggal tidak boleh cerita lagi)?
Amhari: True.
This comes as Amhari continues to drop Azlin's name in his testimony, including on his dealings with 1MDB-linked businessperson Low Taek Jho.
Earlier, he testified that he opened a BSI bank account in Singapore under Low's instruction as he was following Azlin's lead.
Azlin served as Najib's chief private secretary until he died in a helicopter crash in 2015.

BSI account opened under shell company, says Najib's ex-aide
10.15am - Amhari Efendi Nazaruddin (centre in photo) testifies that the BSI bank account that he opened in Singapore under instruction from 1MDB-linked businessperson Low Taek Jho in 2012 was registered under a shell company.
Amhari, former special officer to Najib Abdul Razak, says that Aerosphere Ltd was registered under his name as its sole shareholder.
He tells lead defence counsel Muhammad Shafee Abdullah, however, that he never questioned Low about the arrangement.
Amhari adds that he was only following orders, and believed in both Low and the late Azlin Alias, his then-superior at the Prime Minister's Office.

'Najib didn't know that Jho Low ordered aide to open S'pore bank account'
9.55am - The court hears that Najib Abdul Razak was not aware that his then- special officer Amhari Efendi Nazaruddin being ordered by fugitive businessperson Low Taek Jho (photo) to open a bank account in Singapore.
This is revealed by lead defence counsel Muhammad Shafee Abdullah during his cross-examination of Amhari.
In response, the witness says that he never personally informed Najib about opening the account.
Shafee: I have instruction from my client (Najib) that until you disclosed it in your witness statement, he did not know that you opened the bank account in Singapore?
Amhari: I do not know.
Shafee: You never communicated this fact to him, that Low asked you to open the account, you flatly (bulat-bulat) believed in him (Low) and did not bother to come back and tell your boss (Najib)?
Amhari: I never did that. But I have Azlin Alias (Najib's then-private secretary and Amhari's superior), to follow his (Azlin's) lead and see how he manoeuvres the situation, and I followed his steps.
Shafee: What do you mean?
Amhari: I mentioned (in the witness statement) that I followed Azlin, as at that time I was a junior officer, and I was not a datuk. It is not easy to meet Najib. At that time, the one who meets Najib is Azlin. I did not have the opportunity like Azlin to meet Najib.

Proceedings begin
9.41am - Former prime minister Najib Abdul Razak steps into the dock as proceedings begin.

Najib enters the court
9.25am - The accused, Najib Abdul Razak, enters the court and takes a seat in the front row of the public gallery to await the beginning of proceedings.

The defence is set to turn up the heat on Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin on the fifth day of the former premier's RM2.28 billion 1MDB trial.
Lead defence counsel Muhammad Shafee Abdullah is expected to begin his cross-examination of Amhari, who has been delivering a steady stream of bombshells over the past two days when reading from his 77-page written witness statement.
Just yesterday alone, Amhari told the court that Najib had mandated fugitive businessperson Low Taek Jho to execute a bailout plan for 1MDB – which involved three China-backed megaprojects, namely the East Coast Rail Link, Trans-Sabah Gas Pipeline and Multi-Product Pipeline.
The eighth prosecution witness also testified that no Prime Minister’s Office staff dared to question Najib over the source of his funds.
When proceedings begin before Kuala Lumpur High Court judge Collin Lawrence Sequerah, all eyes will be on the direction the defence takes in cross-examining Najib's former aide. - Mkini

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