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Wednesday, October 16, 2019

NAJIB 1MDB TRIAL - Day 22: Shahrol admits signing RM1b deal with 'different' PetroSaudi



The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and money laundering of 1MDB funds enters its 22nd day today 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.

KEY HIGHLIGHTS
  • Shahrol admits signing deal with 'different' PetroSaudi, costing RM1b
  • Ex-1MDB chair directed Najib's phone call not be recorded - witness
  • 'Jho Low a master manipulator' - Shahrol concurs with Najib's ex-aide
  • Info on PetroSaudi presented to board without independent verification
  • 'Jho Low said 1MDB-PetroSaudi deal was friend helping friend' 
  • Ex-1MDB CEO believed PetroSaudi was a trustworthy partner 
  • Only oral due diligence done on PetroSaudi, nothing on paper - Shahrol
  • 'Jho Low's associate told board that Saudi royal family owned PetroSaudi'
  • Najib's ties with Saudi ruler led to 1MDB-PetroSaudi venture, court hears
  • PetroSaudi showed 'generosity' in joint venture, says ex-1MDB CEO
  • Shafee: Anwar received Najib's Parliament slot 'out of the blue'

Thank you for following Malaysiakini's live report
4.50pm - Thank you for following our live report today.

4.45pm - Kuala Lumpur High Court judge Collin Lawrence Sequerah allows proceedings to adjourn for the day and to continue at 9.30am tomorrow.

Shahrol admits signing deal with 'different' PetroSaudi, costing RM1b
4.30pm - The court hears that 1MDB entered a joint-venture agreement that cost the company RM1 billion in 2009, despite its then CEO noticing anomaly in the name of the partnering company.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi testifies that he noticed that the company name on the agreement document was PetroSaudi Holdings (Cayman) Ltd instead of PetroSaudi International Ltd, which 1MDB had been dealing with.
According to the witness, he still put his signature on the paper after having consulted then 1MDB executive director Casey Tang, who was the person in charge of managing joint venture matters for 1MDB.
"At that time, Tang explained that PetroSaudi Holdings (Cayman) was a wholly owned subsidiary of PetroSaudi International," Shahrol tells the court.
Agreeing that he was fully dependent on Tang's words at that time, Shahrol also claims that he did not consult for a written opinion from 1MDB legal representative at the time, Wong and Partners, as Tang had been working with the lawyers.
"Casey (Tang) said it was okay for me to sign," he says.

Ex-1MDB chair directed Najib's phone call not be recorded - witness
4.10pm - Then 1MDB chairperson Mohd Bakke Salleh had directed the company secretary not to record the telephone call from then prime minister Najib Abdul Razak during a meeting to decide whether to proceed with a 1MDB-Petro Saudi joint venture, the court hears.
During cross-examination by counsel Muhammad Shafee Abdullah, former 1MDB CEO Shahrol Azral Ibrahim Halmi testifies that Bakke issued this directive after he received the telephone call during the meeting on Sept 26, 2009.
"I remember Bakke asked for it (telephone call) not to be recorded," Shahrol says.
"If I recall, I even suggested the meeting be audio taped but he (Bakke) disagreed," Shahrol says.

'Jho Low a master manipulator' - Shahrol concurs with Najib's ex-aide
3.35pm - Shahrol Azral Ibrahim Halmi describes Jho Low as a conductor of an orchestra where each player does not know what the other is doing.
The former 1MDB CEO says this during cross-examination by lead defence counsel Muhammad Shafee Abdullah.
Shahrol is replying to Shafee's question on whether the 9th witness agrees that Low is a master manipulator, as described by Najib Abdul Razak's former special officer Amhari Efendi Nazaruddin (below), the 8th witness.
"The part that is very clear to me was he (Low) was like a conductor of an orchestra, where the different players play their part without necessarily knowing what the other player is doing to produce a certain outcome," Shahrol says.
The witness also agrees to a suggestion by Shafee that he was one of those in the orchestra, who played his part without knowing what the conductor (referring to Low) wanted to do.
The lawyer then asks Shahrol if he believes there was a possibility that former prime minister Najib Abdul Razak too did not know what Low was doing.
Shafee: You would agree, Low orchestrating this. Is there a possibility the (former) PM himself wouldn't know?
Shahrol: Based on what I have seen, there is definitely that possibility.

Info on PetroSaudi presented to board without independent verification
2.55pm - A former CEO of 1MDB tells the court that a team that prepared position paper on PetroSaudi International (PSI) had used details from information pack sent by the latter to 1MDB.
Shahrol Azral Ibrahim Halmi testifies that this was done without conducting independent verification on the information.
According to cross-examination on the witness by defence lawyer Muhammad Shafee Abdullah, the position paper was then presented to 1MDB board of directors during a meeting that discussed about a proposed joint-venture between the two companies.
Shahrol then agrees to a suggestion by Shafee that the presentation could give impression to 1MDB board members that the team had gotten the information by doing their own homework. 

2.39pm - Proceedings resume after lunch break.

12.45pm - Proceedings break for lunch and will resume at 2.30pm.

'Jho Low said 1MDB-PetroSaudi deal was friend helping friend' 
12.30pm - Former 1MDB CEO Shahrol Azral Ibrahim Halmi testifies that Jho Low (photo) told him that the 1MDB-Petro Saudi International joint venture was "a friend helping a friend".
The 9th witness tells lead defence counsel Muhammad Shafee Abdullah this during cross-examination, when the lawyer asks him about the deal.
Shafee: Low told you this deal was a friend helping a friend?
Shahrol: Low told me the deal was done on a friend helping a friend basis.
Shafee: He (Low) concluded that?
Shahrol: Yes.

Ex-1MDB CEO believed PetroSaudi was a trustworthy partner 
12.20pm - A former 1MDB CEO tells the court of reasons why the company had allowed Petrosaudi International (PSI) to appoint the asset valuer for assets that the latter would inject into their joint-venture vehicle company.
Shahrol Azral Ibrahim Halmi says that among the reasons included the fact that the joint-venture was a government-to-government (G2G) deal.
Under cross-examination by lead defence counsel Muhammad Shafee Abdullah, he testifies that he took PSI as a trustworthy partner then.
Shafee: This asset supposed to be injected by PSI, asset to be put by PSI. You agree with me, have to take due diligence to determine the veracity and credibility of the assets and their value?
Shahrol: We take it as a mandate for us to execute a G2G deal. Now my state of mind at that time was that PSI was a trustworthy partner, and when they said they represent and guarantee the value of the asset, that is good enough for us to proceed.

Only oral due diligence done on PetroSaudi, nothing on paper - Shahrol
12.12pm - There was only oral due diligence done on PetroSaudi International (PSI) before its joint venture with 1MDB, the court hears.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi testifies that the due diligence done on PSI was not put down on paper or even presented to the fund's board.
During cross-examination, lead defence counsel Muhammad Shafee Abdullah tells Shahrol that even in government to government deals, there is still need for due diligence.
Shafee: Was there due diligence and this is encompassed on paper?
Shahrol: There was no paper.
Shafee: Oral due diligence?
Shahrol: Yes. It was not produced to the board.
Shafee: Not reproduced on paper?
Shahrol: No.

'Jho Low's associate told board that Saudi royal family owned PetroSaudi'
11.50am - The court hears that 1MDB board of directors was informed in 2009 that PetroSaudi International (PSI) was owned by Saudi's King Abdullah and hence the Saudi royal family.
According to former 1MDB CEO Shahrol Azral Ibrahim Halmi, it was the company's then executive director Casey Tang who made the representation to the board during a special board meeting on Sept 18, 2009.
Shahrol tells the court that the special board meeting was called with primary objective to deliberate and decide whether 1MDB should continue with its Project Aria, which is a joint-venture with PSI.
The witness says he believed that Tang could have gotten the idea that PSI was owned by Saudi royal family from then PSI directors, Tarek Obaid (photo) and Patrick Mahoney.
Shahrol adds that he believed that this was supported by Jho Low, and Tang had believed it as true.
Under cross-examination by lead defence counsel Muhammad Shafee Abdullah, Shahrol testifies that he also believed what Tang had said about the ownership of PSI then.

Najib's ties with Saudi ruler led to 1MDB-PetroSaudi venture, court hears
10.41am - The personal relationship between then prime minister Najib Abdul Razak and then Saudi ruler King Abdullah led to the formation of the 1MDB-PetroSaudi joint venture, the sovereign wealth fund's former CEO testifies.
Ninth witness Shahrol Azral Ibrahim Halmi says this during cross-examination by lead defence counsel Muhammad Shafee Abdullah.
"I would go a step further and say that the 1MDB-PSI (Petro-Saudi International) joint venture was created by this personal relationship," Shahrol says.

PetroSaudi showed 'generosity' in joint venture, says ex-1MDB CEO
10.30am - The court hears that PetroSaudi International Ltd (PSI) had in 2009 expressed generosity in making an offer to 1MDB in their joint-venture plan.
While cross-examining former 1MDB CEO Shahrol Azral Ibrahim Halmi, lead defence lawyer Muhammad Shafee Abdullah shows a letter signed by PSI CEO Tarek Obaid regarding the joint venture.
It includes an offer by PSI to put US$2 billion worth of assets into their joint venture, but for it only to be considered as US$1.5 billion, whereby the US$500 million difference would go towards increasing 1MDB's US$1 billion share.
Shahrol then agrees to a suggestion by Shafee that this was an expression of purported generosity by PSI to 1MDB.

Shafee: Anwar received Najib's Parliament slot 'out of the blue'
9.43am - Port Dickson MP Anwar Ibrahim had suddenly received the morning Parliament slot initially reserved for Pekan MP Najib Abdul Razak yesterday, the High Court hears.
Anwar Ibrahim
Najib's lead counsel Muhammad Shafee Abdullah informed judge Collin Lawrence Sequerah about the matter at the start of proceedings this morning.
"He (Najib) was slotted with the rest of seven BN (MPs) to speak yesterday between 11am and 12pm. His slot was initially 11.30am to 12pm.
"This was (earlier) confirmed yesterday. The speaker Mohamad Ariff Md Yusoff was told in no uncertain terms the importance of it.
"But out of the blue Anwar Ibrahim’s slot, which was nowhere (sic), was suddenly put in place of my client's (slot)," Shafee explains.
On Monday, Shafee had applied for the next day's proceedings to begin around 2.30pm due to Najib needing to go to Parliament.
However, trial proceedings had to be postponed on Tuesday as the former premier was at Parliament awaiting his turn to give a speech, which had been pushed to 3pm from the morning.
As the dock remained empty yesterday, the defence counsel had explained to the court that his client's morning slot in Parliament had been given to someone else, pushing his slot to 3pm instead.
Shafee will now resume his cross-examination of former 1MDB CEO and ninth witness Shahrol Azral Ibrahim Halmi.

Najib enters dock
9.40am - The accused Najib Abdul Razak enters the dock as proceedings begin.
9.35am -Najib enters court and takes a seat in the front row of the public gallery to await the start of proceedings.
Also seen in court is his lead counsel Muhammad Shafee Abdullah and other members of the defence team, as well as lead prosecutor Gopal Sri Ram and other members of the prosecution team.

Najib's trial set to resume after one-day postponement 
The 22nd day of Najib Abdul Razak's RM2.28 billion 1MDB trial is set to resume this morning following its postponement yesterday afternoon.
Yesterday, at around 2.30pm, proceedings before Kuala Lumpur High Court judge Collin Lawrence Sequerah had to be postponed due to the absence of the former prime minister.
It turned out that Najib was at Parliament awaiting for his turn to give a speech, which had been pushed to 3pm instead of in the morning.
Two days ago on Monday, the accused's lead defence counsel Muhammad Shafee Abdullah had applied for yesterday's proceedings to begin around 2.30pm due to Najib needing to go to Parliament.
Muhammad Shafee Abdullah
The former prime minister and current MP for Pekan wanted to be in the Dewan Rakyat to debate the recently unveiled Budget 2020.
As the dock remained empty yesterday, Shafee explained to the court that his client's morning slot in Parliament had been given to someone else, pushing his slot to 3pm instead.
Sequerah sternly warned that it should be the last time such last-minute postponements happen and Shafee gave his undertaking that Najib would attend today's proceedings, adding that the accused felt bad about being absent.

When the trial resumes around 9.30am this morning, Shafee is expected to resume his cross-examination of the ninth prosecution witness, former 1MDB CEO Shahrol Azral Ibrahim Halmi. - Mkini

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