The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 60th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
After making history yesterday as the first former Malaysian prime minister to testify in his own criminal trial, Najib Abdul Razak will resume his testimony today.
Having only stopped at page 71 of his 243-page witness testimony yesterday, Najib will resume his examination-in-chief on the 60th day of hearing of his RM42 million SRC International case today.
The defence stage of the trial will resume before Kuala Lumpur High Court Judge Mohd Nazlan Mohd Ghazali around 9am this morning.
There was no shortage of electrifying testimony during the first day of the trial's defence stage yesterday, with Najib among others telling the court about his "bersetuju" (agreed) annotation on SRC International's loan application from Retirement Fund Inc (KWAP) was neither an order or final decision.
The former finance minister also among others gave oral evidence that he knew Jho Low then and believed that the fugitive financier could help ease Malaysia's investment dealings in the Middle East.
Coming to Najib's defence was none other than his lead defence counsel Muhammad Shafee Abdullah, who told the media during a press conference outside the High Court yesterday that the former premier was the unwitting victim of Jho Low and four unnamed Arab nationals.
KEY HIGHLIGHTS
- Proceedings to continue on Monday
- Najib shocked over AmBank's dealings with Jho Low
- RM2.8b donation to help avert Arab Spring domino effect: Najib
- Najib unaware of messages between AmBank banker and Jho Low
- Najib claims he did not know Nik Faisal an accomplice of Jho Low
- Najib says he never dealt with AmBank managers
- Unsurprised Najib claims Saudi King donated millions to him
- Najib: Husni upset with my decision to transfer him out of MoF
- Najib accuses former co-minister Husni of being vindictive
- 'I did not order second finance minister from getting involved with 1MDB'
- Najib claims ignorance over RM123m transactions from SRC to IPSB's account
- Najib disputes testimony adduced by Suboh Md Yassin
- Najib dismisses claim he could hire, fire SRC directors
- Najib denies move to control SRC board
- Najib not informed of specifics of SRC investments plan
- Najib: I wrote a letter to appoint Treasury deputy sec-gen as SRC adviser
- Cabinet not mere rubber-stamping body: Najib
- Finance minister not excused from discussions related to MOF Inc
- No secrecy in transfer of SRC to MoF Inc, Najib claims
- Najib takes stand to read witness statement
3.50pm - Proceedings to continue on Monday
Kuala Lumpur High Court Judge Mohd Nazlan Mohd Ghazali (photo) allows the defence application to adjourn the matter for the day, and to continue at 9am on Monday.
Najib Abdul Razak's defence counsel Rahmat Hazlan made the application as the examination-in-chief of the former prime minister's defence stage of his RM42 million SRC International.
The lawyer also informs Nazlan that this would be a convenient time to adjourn as well because the judge has a matter to attend to at 4pm today.
Najib shocked over AmBank's dealings with Jho Low
3.47pm - Former prime minister Najib Abdul Razak tells the court that it is a shock to him to learn that AmBank had dealt with Jho Low over matters related to his bank accounts.
The politician also testifies that he never knew that Nik Faisal Ariff Kamil, who was entrusted to manage his accounts, had taken instructions from Jho Low over transactions to return donations from the Saudi royal family to Tanore Finance Corp.
Najib says this when answering a prepared question by his lawyer Rahmat Hazlan.
Rahmat: The BBM chat between Jho Low and Joanna Yu (Ambank relationship manager) shows that Jho Low was in contact with Joanna to get approval for the foreign exchange transactions in returning the funds to Tanore Finance Corporation. Four letters from Nik Faisal were prepared by Joanna under the instructions of Jho Low. Did you give this power (to Jho Low)?
Najib: No. I did not have any knowledge regarding this. As I mentioned earlier, I have passed this matter to Azlin (Najib's chief private secretary Azlin Alias).
I am shocked why the bank would contact Jho Low when he was not given authority in whatever means by me.
I also did not realise that Nik Faisal had been taking instructions from Jho Low on this matter.
I returned RM2.5b to avoid it being twisted out of context politically: Najib
3.30pm - Former prime minister Najib Abdul Razak testifies that he returned US$620 million (RM2.5 billion) of unutilised donation because he wanted to avoid the matter being twisted out of context politically.
The accused says this while reading out his answer from his prepared witness statement to a question in the same statement over whether he completely utilised the whole money he received in his ''694'' account in 2013.
"I also felt uncomfortable with having so much money in my account due to a worry that if the information was leaked, it would surely have been twisted out of context politically.
"I then decided to return almost the entire amount of the donation that was not spent and only keep part of it.
"I believe that in returning the large portion of the unutilised donation by me is a sign of good will to the Saudi royal family, which would be taken into account by them in giving future support to me.
"In the end, around US$620 million was returned to the sender of the funds, Tanore Finance Corp, and the reminder of RM162 million was transferred to one of the new accounts that was opened by me in August 2013," Najib says.
RM2.8b donation to help avert Arab Spring domino effect: Najib
3.17pm - Najib Abdul Razak says the late Saudi ruler, King Abdullah, donated US$680 million (RM2.8 billion) to the former prime minister to avert the spill-over effect from the Arab Spring that rocked the Middle East.
The accused says this while reading from his prepared witness statement in reply to a question contained in the said statement on whether he knew about transactions into his ''694'' AmBank account that totalled US$680,999,976 between March 22, 2013, and April 10, 2013.
Najib says he only knew about the transactions when his statement was recorded by MACC and after his lawyer obtained documents from AmBank.
The accused claims that he was not only informed that there was money that came into his account from outside the country but that he was shown a letter dated March 1, 2013, purportedly from a representative of King Abdullah.
King Abdullah feared the domino effect from the Arab Spring that could have rocked Malaysia economically and politically, says Najib.
I was not aware of messages between Yu and Jho Low: Najib
2.39pm - Najib Abdul Razak testifies that he is not aware of communication via Blackberry Messenger between his AmBank relationship manager Joanna Yu and wanted businessperson Jho Low between 2011 and 2013. This he says regarding his ''694'' account in AmBank.
"No. I have no knowledge of this matter. As I have said about what I believed, Jho Low was an individual that managed the donations given to me by the Saudi royal family," says Najib.
"Azlin Alias (Najib's then-chief private secretary) may have had dealings with Jho Low in relation to the donations. I do not know about the communication between Jho Low and Joanna Yu at that time."
Najib adds that it could not be explained how a bank could communicate with someone who was not authorised by him to manage his bank account.
The court previously heard that SRC International CEO Nik Faisal Ariff Kamil was the authorised personnel handling Najib's accounts.
Najib claims he did not know Nik Faisal an accomplice of Jho Low
2.33pm - Najib Abdul Razak testifies that he did not know then that SRC International CEO Nik Faisal Ariff Kamil was an accomplice of wanted businessperson Jho Low.
He says this while reading out an answer from his prepared witness statement to a question in said statement, in regards to whether the accused knew that Nik Faisal was a close accomplice of Jho Low since 2008 at UBG Bhd.
Nik Faisal was alleged to have know Jho Low while the former worked at UBG Bhd in 2008.
"Not at that time. I only knew about it later after reading about it in the newspapers," Najib says during examination-in-chief by defence counsel Rahmat Hazlan.
2.28pm - Proceedings resume after lunch break.
12.57pm - Court adjourns for lunch and will resume after 2.15pm.
Najib says he never dealt with AmBank managers
12.38pm - Former prime minister Najib Abdul Razak tells the court that he had never dealt with AmBank relationship managers Joanna Yu (photo), Daniel Lee and Krystal Yap, nor that he ever communicated with them personally.
For the record, Yu, Lee and Yap were tasked with managing Najib's AmBank accounts.
Najib also denies that he had ever given any authority to 1MDB-linked businessperson Low Taek Jho to deal with AmBank over his account management.
Unsurprised Najib claims Saudi King donated millions to him
12.11pm - Najib Abdul Razak testifies that it was Jho Low who told him in 2010 that the then Saudi King, King Abdullah, agreed to give donations between US$100 million (RM418m) and US$200 million (RM836m) to the former prime minister, as a form of support.
While reading from his witness statement, the accused says that at that time, he was not informed how much specifically it would be or when it would be done, but later Jho Low told the accused further details on the donation.
"After that, between 2011 and 2014, I received a huge amount which I believe was a donation from King Abdullah as a sign of support from his majesty.
"JL (acronym for Jho Low) was the go-between in the matter and I believed that he arranged the allocation of the donations from the Saudi Arabian royal family.
"Several letters on this donation were also received by AmBank (where Najib's accounts were) and myself from JL at that time in line with the donations," Najib says.
On whether he was surprised by the large amount of donations, Najib says it may look large but the Saudi royal family are known for their generosity, whereby they had donated large monies to various foundations in the United States such as the Clinton Foundation.
Najib also says this is seen in the Saudi Royal family's donation to other countries like Egypt, Pakistan, and Palestine, as part of its foreign policy and diplomatic policy.
Najib: Husni upset with my decision to transfer him out of MoF
11.48am - The court hears from former prime minister and finance minister Najib Abdul Razak that his former colleague Husni Hanadzlah (photo) might be vindictive against him for transferring the latter to the Economic Planning Unit (EPU) in 2016.
Najib then alleges that Husni, who is a former Finance Minister 2, had used the court as a stage to get back at him.
"I believe that Husni had kept his dissatisfaction against me over my decision to transfer him from MoF to the EPU, as he had immediately resigned after that in 2016.
"And he had used the witness box as a stage to air his grouses openly," Najib testifies.
The politician also claims that Husni's testimony that he was treated like an "office boy" by Najib was contradictory to what Husni was doing.
According to Najib, Husni had wanted to stay in MoF.
"If Husni truly felt that he was being treated as an office boy, it is surely very odd that he wanted to continue in MOF. This shows a contradiction between what he said in the witness box and what was his real experience".
Najib accuses former co-minister Husni of being vindictive
11.45am - Najib Abdul Razak's defence lawyer gets into an area of questioning revolving around the testimony of former Finance Minister 2, Ahmad Husni Hanadzlah.
For the record, Husni was the second finance minister when Najib was the finance minister. He had earlier in the trial testified against Najib.
Najib claims that Husni's testimony -- saying that Najib had barred Husni from going to Switzerland to check on SRC International's bank account -- had been taken out of context.
For the record, SRC's bank account in Switzerland had been frozen by the country's authorities over alleged money laundering offences.
"I believe this matter had been taken out of context. Husni did ask me informally whether he should go to Switzerland to try to solve the issue. This was not an official nor a formal request," says Najib.
"He actually said that he could try and settle this matter as he knew several individuals in Switzerland who could help. I told him that there was no need for him to go there as, from my understanding, there were already efforts by SRC to address the problem," Najib testifies.
He adds that it was Husni who approved a Treasury Note in 2015 that requested the cabinet to approve a short term loan for SRC so that the company can sort out its problem with the Swiss government.
Najib then accuses Husni for giving such testimony against him with the intention to tarnish his image and being vindictive over some grouses that Husni had against him.
Najib denies ordering second finance minister from meddling with 1MDB
11.42am - Former prime minister Najib Abdul Razak denies having ordered then second finance minister Ahmad Husni Hanadzlah from getting involved in 1MDB.
In reading out from his witness statement, the former finance minister says this in relation to Husni's previous testimony during this trial that the accused had given the order.
"I have never told Husni that. The documents produced in this trial in relation to SRC clearly shows that Husni was referred and also approved several important memos as MOF2 (second finance minister), including a Finance Ministry Memo dated Feb 2, 2012 (D526 exhibit number) and Treasury Memo dated Nov 4, 2015, in relation to the allocation for short term loan to SRC in 2015 (exhibit number D551).
"Husni's accusation that he was treated as a mere "office boy" is a comedy in light of his signature as MOF2 which showed the opposite," says Najib.
"Husni also attended the cabinet meeting on Feb 8, 2012, where the second government guarantee (for Retirement Fund Inc or KWAP's RM2 billion loan to SRC) was approved and (Husni) did not raise any issue."
11am - Court calls for a brief break.
Najib claims ignorance over RM123m transactions from SRC to IPSB's account
10.57am - Defence counsel Wan Aizuddin Wan Mohamed asks Najib about 14 banking transactions between 2014 and 2015, which saw a total of RM123 million transferred from SRC International to its corporate social responsibility partner, Ihsan Perdana Sdn Bhd.
The monies were transferred in 14 transactions.
Najib then tells the court that he had no knowledge of the transactions during the material time.
Najib disputes testimony adduced by Suboh Md Yassin
10.48am - Former premier Najib Abdul Razak denies having a hand in the decision to appoint Ihsan Perdana Sdn Bhd (IPSB) as a corporate social responsibility partner to SRC International and a RM250 million allocation channelled to IPSB.
He also disputes an earlier testimony by former SRC director Suboh Md Yassin (photo), where the latter claimed CEO Nik Faisal Ariff Kamil had told him the decision was made by Najib albeit without approval from the SRC board of directors.
"This is something that is really hard to be believed. Suboh was one of SRC directors who surely knows about its corporate governance procedures," says Najib.
"How could he just ignore these based only on what was represented by Nik Faisal? I had never been informed about IPSB appointment or the allocation of RM250 million (to IPSB)."
Najib added that he also could not understand how two SRC directors (Suboh and Nik Faisal) could sign the RM250 million allocation grant without approval from the board of directors.
According to Najib, Nik Faisal was also no longer the CEO of SRC when the document was signed in Sept 2014.
Najib dismisses claim he had power to hire, fire SRC directors
10.37am - Najib Abdul Razak dismisses as not making sense an allegation that the former prime minister has power to hire and fire any SRC International directors.
The former finance minister says this regarding the allegation by SRC's former chairperson Ismee Ismail and its ex-director Suboh Md Yassin, that the accused had such "hire and fire" power.
"This matter does not make sense. The power to hire or fire any director is normally in the hands of the company's shareholder.
"As I understand about the principle of corporate governance, this does not take over the legal requirement regulatory and statutory of directors to act in the best interest of the company," Najib testifies.
He is referring to previous testimonies of Ismee and Suboh during the prosecution stage of the RM42 million SRC trial.
Najib denies move to control SRC board
10.24am - Najib Abdul Razak denies urging for an insertion of Article 117 into SRC International's memorandum and articles of association (M&A) so that the former prime minister can exert control over the company's board, the High Court hears.
The former finance minister says this while reading out from his witness statement, whereby the question in the said statement was on whether he had ever proposed or urged for the amendment of SRC's M&A.
Previously, the court heard that Article 117 compels SRC's board to consider Najib's advice, as then advisor emeritus to SRC, over material and strategic matters, among others.
"No. My understanding is that the advice by advisor emeritus was limited to matters laid out under Article 117 and not to SRC's operations and other matters. In any event, any advice given was merely to be considered by the board.
"The board is not bound to follow any advice and need to act in the best interest of the company as stated in my letter (P512) (this refers to a court exhibit)," Najib says.
The former premier also adds that he could not see how Article 117 can be said to allow him to control SRC, among others.
Proceedings pause as Najib feels cold
10.08am - Defence-attorney Wan Aizuddin Wan Mohamed pauses his examination-in-chief on Najib Abdul Razak as the defence team passes some exhibits in the trial to the former prime minister, who is testifying in his defence from the witness box.
When the lawyer was about to continue with the 130th question in Najib's witness statement, he noticed something and asked if Najib was okay.
The politician was then heard saying: "Sejuk" (it's cold") while doing a gesture like he is loosely hugging himself.
They then continue with the examination.
Najib was never informed of the specifics of SRC investments plan
10.07am - Najib Abdul Razak says he knew the Retirement Fund Incorporated's (KWAP) Investment Panel had agreed to approve an application by SRC International to have its second tranch of RM2 billion loan disbursed at one go.
Testifying at his trial, the former prime minister says that from his understanding, SRC had given the necessary justification why they need the funds disbursed quickly.
"I was not informed about the investments specifically," he testifies.
'I wrote a letter to appoint Treasury deputy sec-gen as SRC adviser'
10.05am - Former prime minister Datuk Seri Najib Razak claims that he had written a letter ordering appointment of then-Treasury deputy secretary-general Md Nor Nawi as an adviser to SRC International to take into effect.
According to his testimony, Najib had written the letter following a decision made in a meeting in March 2012 between then-Treasury secretary-general Wan Abdul Aziz Wan Abdullah, his deputy Irwan Serigar Abdullah (photo) and then CEO of Retirement Fund Incorporated, Azian Mohd Noh, where they suggested Md Nor to be appointed to the position.
Wan Abdul Aziz, Irwan and Azian had held the meeting at the Prime Minister's Office to discuss an application by SRC International to allow it to disburse a RM2 billion loan from KWAP at one go instead of a prior agreement for it to be disbursed in stages.
"I still remember issuing a letter to put into effect the appointment (of Md Nor), but I don't remember when," says Najib.
Cabinet not mere rubber-stamping body: Najib
9.43am - The cabinet is not a mere rubber-stamp body in relation to the approval of two separate government guarantees for a total RM4 billion loan from Retirement Fund Inc (KWAP) to SRC International, former prime minister Najib Abdul Razak testifies.
While reading from his witness statement, the former finance minister says this in relation to the cabinet meetings on Aug 17, 2011, and Feb 8, 2012.
During those two cabinet meetings, it was alleged that they greenlighted the government guarantees as they were compelled to do so due to SRC having being given specific focus by then-premier Najib.
"This is not the way a government operates. To suggest that the cabinet was a mere rubber-stamping body would definitely be an insult to the members of government administration," says Najib.
"The cabinet meetings are marked as "Rahsia" (Confidential) for the purpose of allowing each cabinet member to speak freely in the interest of the ministry and government as a whole.
"I do not believe that any cabinet member would shirk their public duty by not airing any opposing views. It is normal for ministers in the cabinet to air their disagreement with any proposal by the prime minister or any other minister in light of this being the purpose of cabinet discussion."
'Decisions related to MoF Inc companies made in best interest of M'sia'
9.40am - The court hears from former prime minister Najib Abdul Razak that no finance minister in the country had ever excused themselves from participating in discussions concerning companies under Minister of Finance Incorporated (MoF Inc).
Testifying at his trial, Najib, who is also a former finance minister, tells the court that it was "illogical" to suggest that a finance minister should excuse themselves from such discussion which they are participating in a professional capacity.
"The only interest I had was to ensure all decisions related to MoF Inc companies are made in the interest of Malaysia," says Najib.
"I want to add that a minister of finance had never excused himself from meetings concerning MoF Inc companies because if they did, no one would be there to defend proposals being tabled (in the meeting).
"It is also something illogical to suggest that a finance minister should excuse himself (from a meeting) on his professional interest," he testifies.
During the earlier part of the trial, the court heard from prosecution witnesses that Najib had sat in cabinet meetings when proposals for a government guarantee to SRC International were tabled for deliberation by federal ministers.
As a finance minister, Najib was also in charge of MoF Inc, which was the shareholder of SRC International.
9.22am - Najib denies hiding transfer of SRC to MoF Inc
Former prime minister Najib Abdul Razak denies hiding from then second finance minister Ahmad Husni Hanadzlah about the transfer of SRC International to the Minister of Finance Inc (MoF Inc).
The accused says while reading out from his witness statement.
"What he (Husni) said in court was in regards to the implication of the D524 (Finance Ministry memo) being intentionally hidden from him by me. I can say with confidence that it was not hidden and I had never ordered anyone to hide it from him.
"It depended on (then Treasury deputy secretary-general) Mat Noor Nawi to inform him beforehand in accordance with protocol," Najib says.
Proceedings begin, Najib enters witness stand
9.14am - Najib Abdul Razak enters the witness stand as proceedings begin.
The former prime minister takes his oath before resuming to read out from his witness statement during examination-in-chief conducted by defence counsel Wan Aizuddin Wan Mohammed.
Ex-PM seats at front row of public gallery
8.58am - Accused Najib Abdul Razak enters the High Court and takes a seat at the front row of the public gallery to await proceedings to begin.
Also seen in court are Attorney-General Tommy Thomas and other members of the prosecution team, as well as members of the former prime minister's defence team. - Mkini
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