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Wednesday, November 27, 2019

Day 5: Audio recording of crucial meeting replayed


Summary of Najib and Arul’s case

Najib is facing a charge of tampering with 1Malaysia Development Bhd's (1MDB) final audit report. He is being tried together with 1MDB former chief executive officer (CEO) Arul Kanda Kandasamy who is accused of abetment.
KEY HIGHLIGHTS
  • Audio recording of crucial meeting replayed
  • Prosecution, defence unable to agree on transcript of audio recording
  • 'I felt cheated' when no police report lodged, court hears
  • Salwani did not breach code of conduct over recording device - Ambrin
  • No reason not to believe Najib's assurance as he was PM, says former AG
  • Words like 'hasty' dropped from 1MDB's final audit report
  • Ambrin identifies, confirms paragraphs from '1MDB audit report'
  • Jho Low's attendance in meeting removed from audit report
  • Audit Dept pressured to consider feedback from 1MDB - witness
  • I was told to exclude issue of conflicting financial statements - ex-AG
  • 1MDB's loans exceeded revenue - Ambrin

Thank you for following Malaysiakini's live report
2.10pm - Thank you for following our live report today.

Proceedings adjourn for the day
1.55am - Tomorrow, the prosecution will continue with the playback of the Feb 24, 2016 meeting's audio recording for the purpose of identifying the meeting's attendees by former auditor-general Ambrin Buang.
Proceedings will resume 9.30am tomorrow.

Audio recording of crucial meeting replayed
12.57pm - The entire audio recording of the meeting held on Feb 24, 2016, where it was decided to drop several controversial issues from 1MDB's final audit report was replayed in the High Court.
The replaying of the recording for former auditor-general Ambrin Buang to identify the people in the meeting.
Ambrin is seen following the audio recording with the prosecution's version of the transcript.

Prosecution, defence unable to agree on transcript of audio recording
12.39pm - The prosecution and the defence have not arrived at an agreement over a final version of the transcript of the Feb 24, 2016, meeting that resulted in a decision to amend 1MDB's final audit report.
Lead DPP Gopal Sri Ram informs the High Court that the prosecution is satisfied with the transcript.
However, the counsel for former prime minister Najib Abdul Razak and ex-1MDB CEO Arul Kanda Kandasamy, Muhammad Shafee Abdullah and N Sivananthan, respectively, tells the court that they still could not agree on the transcript due to several purported errors and omissions of words, among others.
Sivananthan finally suggests that the prosecution and the two accused's defence teams each send a representative to sit down together, listen to the audio recording and jot down the transcript.
All parties agree to this proposal.
Shafee informs the court that this may take some time and may only be finished by Friday this week.

'I felt cheated' when no police report lodged, court hears
12.14pm - Former auditor-general Ambrin Buang testifies that he felt cheated that no police report was lodged over the two conflicting 1MDB financial statements that were left out of the 1MDB final audit report, despite assurance from the then prime minister Najib Abdul Razak.
Sri Ram is asking Ambrin whether the witness had checked whether any police report was lodged, following the former prime minister's assurance that they would "get to the bottom of things".
"I felt cheated as I was given assurance (by Najib). On that premise, I (agreed) to drop the issue of the two versions (of the 1MDB financial statements) from the (1MDB final audit) report," Ambrin says.

Salwani did not breach code of conduct over recording device - Ambrin
12.11pm - Former auditor-general Ambrin Buang testifies that National Audit Department (NAD) officer Nor Salwani Muhammad did not breached the code of conduct when she placed a recorder in a pencil box in the Feb 24, 2016 meeting.
During examination-in-chief by lead DPP Gopal Sri Ram, Ambrin says that this is because she is part of the NAD audit team, and when she was ushered out of the meeting, she could not take down notes, hence the recorder was necessary.
Sri Ram: She (Salwani) could not attend the meeting, she placed the recording device in the pencil case of (NAD auditor Saadatul) Nafisah. Would you describe that as a breach of the code of conduct?
Ambrin: No. Because if she had been able to attend the meeting, she would not have breached it (the code of conduct) as she could then take down notes for internal use (of NAD).

No reason not to believe Najib's assurance as he was PM, says former AG
12.09pm - Former auditor-general Ambrin Buang testifies that he believed the then premier Najib Abdul Razak's assurance that they "would get to the bottom of it" in relation to the investigation on the two conflicting 1MDB financial statements.
He tells lead DPP Gopal Sri Ram this during examination-in-chief.
Sri Ram (photo, below) is questioning Ambrin over a meeting on Feb 22, 2016, where Ambrin earlier testified that Najib assured him the authorities will investigate the issue of the two conflicting financial statements.
Sri Ram: When he (Najib) said "I will get to the bottom of it", did you believe him?
Ambrin: He was the prime minister, I had no reason to not believe him.
Ambrin, however, admits he never received confirmation whether Najib did actually got to "the bottom of it".
The witness earlier told the court that the issue of the two 1MDB conflicting financial statements were dropped from the 1MDB final audit report.

11.59am - Former auditor-general Ambrin Buang wraps up the reading of his Witness Statement.

Words like 'hasty' dropped from 1MDB's final audit report
11.50am - Former auditor-general Ambrin Buang confirms that certain words like "hasty" were dropped from 1MDB's final audit report.
He says this during examination-in-chief by DPP Rozaliana Zakaria.
Ambrin is referring to the content of the non-final 1MDB audit report, which touched on the purported hastiness in the issuance of then Terengganu Investment Authority (TIA) Islamic Medium Term Notes (IMTN) in 2009.
Ambrin confirms that the word "hasty" was dropped from the final audit report in relation to the issuance of the IMTN notes.

11.43am - Proceedings resume.
11.19am - Proceedings go into a brief break.

Ambrin identifies, confirms paragraphs from '1MDB audit report'
11.17am - Former auditor-general Ambrin Buang is now identifying and confirming paragraphs of what is believed to be the 1MDB audit report.
He conducts this during examination-in-chief by DPP Rozaliana Zakaria.

Jho Low's attendance in meeting removed from audit report
10.20am - Former auditor-general Ambrin Buang testifies that during a meeting held on Feb 24, 2016, he agreed for the issue of Jho Low's attendance of a 1MDB board meeting struck out from the final audit report.

Audit Dept pressured to consider feedback from 1MDB - witness
10.15am - Former auditor-general Ambrin Buang testifies that the National Audit Department received pressure to consider the response from 1MDB about the finding of NAD's audit of the sovereign wealth fund.
Ambrin says this took place during the Feb 24, 2016, meeting, which was attended by then chief secretary Ali Hamsa, then 1MDB CEO Arul Kanda Kandasamy, among others.
He also testifies that during the meeting, then-premier Najib Abdul Razak's chief private secretary Syukry Mohd Salleh informed the attendees, which included Ambrin, that the 1MDB audit report could be manipulated by the then opposition.
Ambrin says Arul Kanda (photo) also said during the meeting that 1MDB management had a response to the finding of the NAD audit.
"The meeting pressured (beri tekanan) to JAN (NAD) to hear out and receive the response from 1MDB management although they had already been given a long time to respond," he adds.

I was told to exclude issue of conflicting financial statements - ex-AG
10.10am - Former auditor-general Ambrin Buang testifies that the then premier Najib Abdul Razak directed him not to include two conflicting financial statements into 1MDB's final audit report.
Ambrin testifies that Najib told him this during a separate meeting just before the crucial Feb 24, 2016 meeting where a decision was made to remove certain controversial issues from the 1MDB final audit report.
"Najib asked me not to include the issue of the two versions of 1MDB's financial statements into the 1MDB audit report.
"Najib promised to me that the authorities will probe. He told me that 'we will get to the bottom of this'," testifies Ambrin.

1MDB's loans exceeded revenue - Ambrin
9.55am - Former auditor-general Ambrin Buang testifies that 1MDB suffered from loan problems as its loans exceeded revenue and causing it to suffer loss.
The sixth prosecution witness says this while reading from his Witness Statement during prosecution examination-in-chief by DPP Rozaliana Zakaria.
Ambrin says that theNational Audit Department's audit found the performance of 1MDB is dissatisfactory due to debt problems, among others.
"Governance is weak and major investment was not properly done.
"1MDB's business was conducted by relying on loans from within and outside the country, which became a burden.
"The loans exceeded revenue and thus, 1MDB was not profitable," he says.

Najib, Arul Kanda enters the dock as proceedings begin
9.46am - Former premier Najib Abdul Razak and ex-1MDB CEO Arul Kanda Kandasamy enters the dock as proceedings begin.
Najib's lead defence counsel Muhammad Shafee Abdullah is seen in the High Court.
Former auditor-general Ambrin Buang is seen in the witness stand, to resume his testimony for the prosecution's examination-in-chief.
9.25am - Accused Najib Abdul Razak enters the High Court and takes a seat alongside co-accused Arul Kanda Kandasamy while awaiting proceedings to begin.
The former prime minister and former 1MDB CEO are seen chatting with each other.
Also seen in court is lead DPP Gopal Sri Ram and other DPPs as well as members of Najib's defence team.
9.15am - Former 1MDB CEO Arul Kanda Kandasamy is seen conferring with his lead defence counsel N Sivananthan while waiting for proceedings to begin.

Former auditor-general Ambrin Buang is expected to resume his testimony on the fifth day of the 1MDB final audit report tampering trial of former prime minister Najib Abdul Razak and the former sovereign wealth fund’s CEO Arul Kanda Kandasamy.
The key sixth prosecution witness will be reading out from his witness statement during the prosecution’s examination-in-chief before Kuala Lumpur High Court judge Mohamed Zaini Mazlan when the hearing begins around 9.30am this morning.
Last week, Ambrin testified that an audit on 1MDB and its group of companies in 2015 could have been completed in five months but instead, it was dragged on for about a year due to difficulties in accessing the information needed for the audit.
He told the court that the National Audit Department (NAD) faced limitations where some of the original documents, such as bank statements from overseas financial institutions, were either delayed or never surrendered by 1MDB at all.
During today’s proceedings, the prosecution and defence teams will update Zaini on whether both parties have managed to finalise the transcript of an audio recording of a crucial meeting held on Feb 24, 2016.
In the said meeting, which was attended by Ambrin, Arul Kanda and then chief secretary Ali Hamsa among others, a decision was purportedly made to remove certain controversial issues from the 1MDB final audit report, allegedly on the behest of Najib.
Last week, lead defence counsel Muhammad Shafee Abdullah informed the court that finalising the transcript was necessary to help the defence prepare its cross-examination of witnesses in regards to what transpired during 2016 meeting. - Mkini

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