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Tuesday, September 17, 2019

NAJIB 1MDB TRIAL - Day 8: TIA take over by gov't and 1MDB as new name: 'Shahrol's suggestion'



The criminal trial of former prime minister Najib Abdul Razak involving alleged abuse of power and laundering of 1MDB funds enters its eighth 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
  • TIA take over by gov't and 1MDB as new name: 'Shahrol's suggestion'
  • Blinking court lights inject light moment into serious proceedings
  • Witness agrees cabinet in 2009 not keen on taking over TIA
  • Jho Low eyed T'ganu's petroleum via UBG since 2008, court told
  • T'ganu gov't tried to stop TIA bonds issuance in May 2009 - witness
  • 'Jho Low proposed Bono, Queen Rania for TIA Foundation's board'
  • TIA secured 'world-class" individuals, court hears
  • Najib's ex-aide unsure who Jho Low was representing at TIA meetings
  • Witness agrees TIA formed for country's benefit, not for Najib's interest
  • Jho Low attended TIA meeting in 2009 by invitation - witness
  • Witness and defence disagree on whether TIA was Najib's 'baby'
  • Riza Aziz, Arul Kanda among seven paraded for identification

Thank you for following Malaysiakini's live report
5.15pm - Thank you for following our live report today.

Court adjourns until 9.15am tomorrow
5.05pm - Kuala Lumpur High Court judge Collin Lawrence Sequerah allows lead defence counsel Muhammad Shafee Abdullah's application to adjourn proceedings to tomorrow at 9.15am.
Earlier in proceedings today, Sequerah allowed lead DPP Gopal Sri Ram's application for proceedings to go on beyond 5pm. The judge made the decision as the proceeding did not start at 9.30am as scheduled.
Shafee explains that it is because there are some photocopying of documents still needed to be done to help him in his cross-examination of Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin.
The lawyer also informs the court that he might be able to finish the cross-examination on Amhari by tomorrow.
This prompts Sri Ram to stand up and quip on his "disappointment", prompting chuckles from the whole court.

TIA take over by gov't and 1MDB as new name: 'Shahrol's suggestion'
5pm - Terengganu Investment Authority (TIA) chief executive officer Shahrol Azral Ibrahim Halmi (photo) was the one who came with the idea for the federal government to fully take over the company, the court hears.
During the defence's cross-examination on Amhari Efendi Nazaruddin, the witness is shown a letter by Shahrol to then prime minister and finance minister, Najib Abdul Razak, in which he made the suggestion.
Amhari also agrees that based on the letter, Shahrol had also coined "MDB" as TIA's new name. 

Blinking court lights inject light moment into serious proceedings
4.58pm - Suddenly blinking overhead ceiling lights inject light moment into the normally serious proceedings.
As lead defence counsel Muhammad Shafee Abdullah is cross-examining 8th witness and Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin, the overhead lights suddenly blink, causing Shafee to stop and look upwards.
The court reverberates with laughter when lead DPP Gopal Sri Ram quips that "It tells it is five o'clock".
After much hilarity, Shafee then resumes the cross-examination.

Witness agrees cabinet in 2009 not keen on taking over TIA
4.40pm - The court hears that the cabinet had in 2009 decided to leave it to the Terengganu Menteri Besar Incorporated (MBI) to decide on the ownership of Terengganu Investment Authority (TIA), following its problem with TIA's issuance of bonds.
Amhari Efendi Nazaruddin, who is a former special officer to Najib Abdul Razak, agrees to the defence's suggestion that the cabinet meeting showed that the federal government was not keen to take over TIA then.
Based on minutes of the cabinet meeting, Amhari also agrees that the federal government preferred if the Terengganu government take Option 2 of three options in the matter.
Option 2, according to Amhari's testimony under cross-examination by defence lawyer Muhammad Shafee Abdullah, was for Terengganu MBI to keep its holding on TIA and work it out together with the federal government.
Shafee: They're not keen to take over. They prefer Terengganu to take Option 2.
Amhari: Based on this, yes.

Jho Low eyed T'ganu's petroleum via UBG since 2008, court told
4.17pm - Jho Low, through UBG which he partly owned, had eyed petroleum in Terengganu as far back as 2008, the Kuala Lumpur High Court hears.
Lead defence counsel Muhammad Shafee Abdullah reveals this in reading out UBG's annual report issued on Sept 2008.
He reads out excerpts of the report during cross-examination of Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin.
Shafee: (Reading out) Dear shareholder, in Sept 2008, UBG had entered into agreement with Mubadala for a proposed exclusive joint venture to set up in Malaysia an exploration and production company with Mubadala, to undertake upstream and downstream activities for oil and gas projects in Malaysia, with initial focus on the states of Terengganu, Sarawak and Sabah.
"I read that out to prove that UBG, which is partly owned by Jho Low, I proved through the company of his. From all that you have seen today and turbulence in TIA Terengganu, are you surprised that Jho Low was, in fact, eyeing petroleum in Terengganu through this UBG report?
Amhari: Yes, it is a surprise.
Shafee: He (Jho Low) did not tell you?
Amhari: No.

T'ganu gov't tried to stop TIA bonds issuance in May 2009 - witness 
3.40pm - Terengganu's Menteri Besar Incorporated (Terengganu MBI) had in May 2009 tried to suspend bonds issuance by the then Terengganu Investment Authority's (TIA), the court hears.
In the cross-examination of Najib Abdul Razak's former special officer Amhari Efendi Nazarudin, the defence puts to him a document signed by then Terengganu Menteri Besar, Ahmad Said, to Najib, who was the finance minister then.
The letter stated that the bond issuance by TIA was done without representation from Terengganu MBI, and was thus against the company's agreement.
Amhari then agrees to a suggestion by lead defence lawyer Muhammad Shafee Abdullah that the letter showed Terengganu state government was telling TIA that they could not abuse the bonds as Terengganu MBI was not represented.

'Jho Low proposed Bono, Queen Rania for TIA Foundation's board'  
2.56pm - U2's lead singer Bono (below), Louis Vuitton's Bernard Arnault, and Jordan's Queen Rania were among names that Jho Low proposed to bring into TIA Foundation's board of trustees, the Kuala Lumpur High Court hears.
Lead defence counsel Muhammad Shafee Abdullah reveals this during cross-examination of Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin.
Shafee refers to the discussion that Jho Low had with Amhari and Najib's then chief private secretary Azlin Alias at Prince Hotel at Kuala Lumpur, where Jho Low allegedly dropped these illustrious names. 
Shafee: These names were thrown in to impress the authorities of Terengganu and the federal government that he can deliver when in reality he cannot deliver. You have been conned?
Amhari: I do not know.
Shafee: Most of the personalities do not even know about this (TIA)?
Amhari: I do not know.
When Shafee asks whether it ever crossed Amhari's mind that this may have been a con job by Jho Low, the witness replies "No".

Proceedings resume 
2.38pm - Proceedings resume after the lunch break.

Court breaks for lunch
1.10pm The court breaks for lunch and is expected to resume at 2.30pm.

Proceedings to go beyond 5pm
1.08pm - Kuala Lumpur High Court judge Collin Lawrence Sequerah allows lead DPP Gopal Sri Ram's application for proceedings to proceed beyond 5pm today.
Former Federal Court judge Sri Ram makes the application just before the court breaks for lunch.
This paves the way to the possibility of the proceedings going into the night.

TIA secured 'world-class" individuals, court hears
12.55pm - The Kuala Lumpur High Court hears that the Terengganu Investment Authority (TIA) secured a "list of world-class individuals" for its board of advisors, including Khaldoon Al-Mubarak, the chairperson of executive affairs authority of the Abu Dhabi government.
Lead defence counsel Muhammad Shafee Abdullah reads out part of the contents of a TIA letter dated May 4, 2009, to then prime minister and finance minister Najib Abdul Razak.
Shafee (photo) refers to portions of the letter when cross-examining Najib's former special officer Amhari Efendi Nazaruddin over whether wanted businessperson Jho Low was the one that came up with the idea during his alleged involvement in TIA.
"TIA identified five multibillion ringgit initiatives with Mubadala, a sovereign wealth fund owned by Abu Dhabi, which include forming a joint investment company by end of May 2009, with Mubadala's initial contribution of US$1.2 billion," Shafee reads out from the document.
To Shafee's question whether Jho Low was the one who came up with the above ideas, Amhari says he can only be certain that the Mubadala one involved Jho Low.

Najib's ex-aide unsure who Jho Low was representing at TIA meetings
12.50pm - The court hears from witness Amhari Efendi Nazaruddin that he cannot recall who 1MDB-linked businessperson Jho Low was representing when the latter attended meetings on the formation of Terengganu Investment Authority (TIA).
For the record, TIA was the precursor of 1MDB.
Amhari, who is a former special officer to Najib Abdul Razak, testifies that he also cannot remember who had invited Jho Low to join the meetings, and that he had never asked the businessperson this.
However, according to the prosecution witness, he can remember that Low had played the role of making suggestions on way forward for TIA during the meetings. 

Witness agrees TIA formed for country's benefit, not for Najib's interest
12.40pm - Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin agrees to a suggestion by the defence that the first Finance Ministry's memorandum to the cabinet for Terengganu Investment Authority (TIA) was not tabled for Najib's personal interest.
Amhari testifies this under cross-examination by lead defence lawyer Muhammad Shafee Abdullah, who showed the court a copy of the memorandum to be tendered as evidence.
He also agrees that the document stated that the formation of TIA would trigger more investment opportunities in Malaysia and Terengganu, and thus benefits the country and the East Coast state.

Jho Low attended TIA meeting in 2009 by invitation - witness
12.10pm - The court hears that 1MDB-linked businessperson Low Taek Jho, or Jho Low, had attended a meeting of Terengganu Investment Authority (TIA) steering and coordination committee on March 5, 2009.
TIA was the precursor of 1MDB.
During defence's cross-examination,  Amhari Efendi Nazaruddin agrees that Jho Low (photo) had attended the meeting by invitation.
Amhari also testifies that he can vaguely remember attending the meeting held at the EPF office, and that there were proposals by three financial institutions on raising bonds for TIA.
The banks were Goldman Sachs, JP Morgan and Nomura, according to Amhari's testimony.
Amhari, however, says he cannot recall if the banks were suggested by Jho Low. 

Proceedings resume
12.03pm - Proceedings resume after it stood down temporarily to allow the defence to obtain documents needed for its cross-examination of Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin.

10.32am - The Kuala Lumpur High Court allows lead defence counsel Muhammad Shafee Abdullah's application for a short adjournment to sort out documents.
Shafee made the application as part of his cross-examination of former prime minister Najib Abdul Razak's former special officer, Amhari Efendi Nazaruddin.
The documentation is linked to Shafee's cross-examination of the eighth witness in relation to the Terengganu Investment Authority (TIA)’s minutes of early 2009 meetings.
TIA later morphed into 1MDB.

Witness and defence disagree on whether TIA was Najib's 'baby'
10.15am - Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin disagrees with the defence's contention that Terengganu Investment Authority (TIA) was the then Yang di-Pertuan Agong's idea rather than the then deputy prime minister Najib’s "baby".
The eighth witness testifies that TIA, which later became 1MDB, was the "baby" and idea of Najib.
During this cross-examination, lead defence counsel Muhammad Shafee Abdullah, relying on minutes of TIA meetings in 2008, asserts that it was the then Agong Sultan Mizan Zainal Abidin's idea instead.
Shafee: "I say that you knew since 2008 that this (TIA) was never Najib's baby, but that TIA was (the idea of) the then Agong and Sultan of Terengganu?
Amhari: I disagree.

Riza Aziz, Arul Kanda among seven paraded for identification
9.55am - The hearing begins with the former special officer to Najib Abdul Razak, Amhari Efendi Nazaruddin, being asked to identify seven people he mentioned in his witness statement in the court.
DPP Akram Gharib asks the witness if he can identify all the witnesses at one go, to which Amhari says "Insha Allah".
The DPP then asks for court officials to bring in the seven, namely: former 1MDB chairperson Che Lodin Wok Kamarudin, Wan Shihab Wan Ismail (former special officer to Najib), Shahrol Azral Ibrahim Halmi (former 1MDB CEO), Arul Kanda Kandasamy (former 1MDB CEO), Dennis See (former 1MDB project officer), Azmi Tahir (former 1MDB chief finance officer), and Riza Shahriz Abdul Aziz (Najib's stepson, photo above).
All of them then walk into the court, and stand in a line facing Justice Collin Lawrence Sequerah, and Amhari quickly identifies each of them to the court.
After the identification exercise, lead defence counsel Muhammad Shafee Abdullah then continues with the defence's cross-examination on Amhari.

Proceedings begin
9.52am - Proceedings begin with the eighth witness Amhari Efendi Nazaruddin taking the stand to resume cross-examination.
9.30am - Najib Abdul Razak enters the court and takes a seat at the front row of the public gallery to await proceedings to begin.
Also seen in court is lead DPP Gopal Sri Ram.

Hearing expected to resume today after Najib's medical leave
After having been on two days of sick leave due to conjunctivitis, Najib Abdul Razak is expected to attend the hearing of his RM2.28 billion 1MDB trial today.
Proceedings on Wednesday and Thursday last week were unable to commence as the former prime minister obtained a medical certificate (MC) related to his eye infection.
To recap, this was the identical reason that led to the postponement of his previous RM42 million SRC International trial by a few days.
The eighth day of hearing today before Kuala Lumpur High Court judge Collin Lawrence Sequerah will see the defence resume its cross-examination of Najib's former special officer Amhari Efendi Nazaruddin.
The cross-examination is expected to be heavy in light of Amhari's earlier testimony that wanted businessperson Jho Low had purportedly claimed to act on behalf of Najib when issuing questionable orders which involve alleged damage control of the 1MDB issue among others.  - Mkini

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