The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 66 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Heat rises as Najib and DPP argues over Najib's statement to MACC
- Court dismisses prosecution bid to impeach Najib
- Court allows bid to commence impeachment proceeding against Najib
- Impeachment bid not in good faith: Najib's defence
- Najib has explained purported contradiction in testimony: Defence
- Prosecution: Najib gave different versions to MACC and court
- Impeachment application attempt to stop defence from calling expert witness - Shafee
- Prosecution seeks to impeach Najib over alleged contradictory testimony
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12.10pm - Thank you for following our live report today.
4.54pm: High Court judge Mohd Nazlan Mohd Ghazali allows adjournment of proceedings for today.
He also allows an application by both the prosecution and defence teams to postponed tomorrow's scheduled hearing of Najib Abdul Razak's application for an Australian handwriting expert to ascertain the authenticity of the accused's purported signatures on key SRC International documents.
Nazlan then postponed the hearing of the application from tomorrow to Jan 20, to allow the prosecution time to file reply to the application.
The prosecution's cross-examination of Najib in the RM42 million SRC International proper will resume around 9.30am tomorrow.
The trial will start around 9.30am tomorrow as Najib and his defence team need to attend to an earlier mention of the accused's RM2.28 billion 1MDB case before a separate Kuala Lumpur High Court judge, namely Collin Lawrence Sequerah.
4.36pm: DPP V Sithambaram's cross-examination at the moment focuses on getting confirmation from Najib Abdul Razak over multiple documents linked to the RM42 million SRC International case.
Among these documents are ones linked to the government guaranteed for the second tranche of RM2 billion loan from Retirement Fund Inc (KWAP) to SRC in early 2012, as well as on the setting up of the company as well as appointment of its directors.
3.59pm: Proceedings resume after a brief break
Heat rises as Najib and DPP argues over Najib's statement to MACC
3.35pm: Heated argument including raised voice ensues for over 10 minutes as the prosecution continues its cross-examination on Najib Abdul Razak, focusing on statements the former premier had previously made to the MACC.
DPP V Sithambaram is seen pressing Najib to answer on whether he had indeed admitted to investigators that he recognised several documents related to SRC International, and agreed that they were signed by him.
However, Najib keeps reiterating that during MACC's questioning, he was only shown the documents briefly and had made such statement then just because he saw signatures resembling his on the papers.
This appears to have irked the government attorney, who then puts to Najib that he was not only shown the documents briefly but have read them through before making the statements.
Najib, however, disagrees with this suggestion.
Sithambaram: I put to you, these documents when shown to you, (they) were not shown to you "secara ringkas" (briefly)
Najib: disagree
The two then continues arguing as Najib tries to assert that he could not remember everything, and that he signed tens of documents every day on his capacity as the prime minister and finance minister during the material time.
"I (can) vaguely remember. But I was basing (the statement) on my signature. I signed tens of documents every day as the PM and finance minister," Najib says, in an attempt to defend his point that he had made the admission to MACC based on the signatures resembling his on the documents.
For the record, Najib is now disputing the authenticity of several documents related to SRC that has his signatures on them.
A brief heated exchanges also occurs during the examination, as Najib insists that Sithambaram uses the word "purportedly" when referring to his alleged signatures on the documents.
3.39pm: Proceedings takes a 10-minute break.
Court dismisses prosecution bid to impeach Najib
2.47pm: The High Court dismisses the prosecution's bid to impeach Najib Abdul Razak over his alleged contradictory testimony regarding his alleged signatures on key SRC International documents.
Judge Mohd Nazlan Mohd Ghazali rules that the alleged contradictions are reconcilable as Najib has given his explanation on the alleged discrepancy.
"In my view, they (alleged discrepancy) are not irreconcilable as the apparent change (in testimony) in his (accused's) Supplementary Witness Statement on whether he signed (the crucial SRC documents).
"I find no material contradiction and it is not serious," Nazlan rules.
The prosecution earlier had sought to impeach Najib over the alleged contradiction in his testimony on whether he signed the documents or not.
In the statement he gave to MACC during investigations in 2018, Najib allegedly told them that the signatures were his when showed the documents, which include minutes of the shareholders meeting of SRC International.
The documents deal with the second tranche loan of RM2 billion given by Retirement Fund Inc (KWAP) to SRC International in 2012, among others.
After delivering the ruling, Nazlan orders the prosecution to continue with cross-examination of the former prime minister.
2.44pm: Proceedings resume after lunch break.
Court allows bid to commence impeachment proceeding against Najib
12.32pm: The Kuala Lumpur High Court allows the prosecution's bid to commence impeachment proceedings against former prime minister Najib Abdul Razak.
Judge Mohd Nazlan Mohd Ghazali allows the bid by DPP V Sithambaram in relation to alleged material contradiction in the accused's testimony regarding whether he signed or not crucial documents in the RM42 million SRC International case.
"Having looked at submissions, I find the prosecution's application to initiate impeachment process against the accused in respect of alleged contradiction in his Supplementary Witness Statement and the statement he gave to MACC is not without merit.
"The court is to be shown the (alleged) statement containing the alleged contradiction in his Supplementary Witness Statement and the Statement to MACC on how the matter is to progress," Nazlan said.
The court will now look at the alleged documents showing the contradiction.
The court also set 2pm for the impeachment proceeding.
The proceedings now adjourn for lunch.
Impeachment bid not in good faith: Najib's defence
11.52am: Najib Abdul Razak's lead defence counsel Muhammad Shafee Abdullah argues that the prosecution's impeachment bid against the accused was not done in good faith.
Shafee says this is because the prosecution only made the application today, just a day before the High Court tomorrow is set to hear Najib's bid for an Australian handwriting expert to examine crucial SRC International documents that allegedly were signed by Najib.
Previously, it was reported that Najib's defence team made an application for the court to allow the expert to examine the various documents which were purported signed by Najib.
"There is lack of bona fide (good faith) in the (impeachment) application due to the impending (hearing) of (Najib's) application tomorrow for the expert to look at the various documents related to (Najib's) signatures.
"I warn the other side (prosecution) that this (impeachment bid) is precisely what would bolster our application tomorrow," Shafee argues.
Shafee is counter-submitting against the application made by DPP V Sithamaram to initiate impeachments proceedings against Najib over the accused's alleged contradictory testimony in court linked to the ongoing RM42 million SRC International trial.
Najib has explained purported contradiction in testimony: Defence
11.30am: The prosecution's bid to impeach accused Najib Abdul Razak for alleged material contradiction in his testimony is frivolous, the High Court hears.
Najib's defence counsel Harvinderjit Singh argues that the court should not allow the impeachment bid as the accused has already explained the alleged contradiction.
"The issue in question is whether there has been a contradiction, there is no material contradiction as he (Najib) has explained it.
"He is not saying he did not sign, he is saying he doubts the authenticity (of the signatures on the documents) and wished for a (handwriting expert) to look at it," Harvinderjit argues.
The prosecution is seeking to impeach Najib over his alleged material contradiction in regards to whether he had seen and signed material documents linked to the RM2 billion loan from Retirement Fund Inc (KWAP) to SRC International in 2012.
In the statement that Najib had given to MACC during investigations, he allegedly confirmed having seen and signed these documents, which include minutes of SRC International board of directors meetings, among others.
However, in Najib's Witness Statement, he testified that he is uncertain on whether he had signed the documents.
He is also seeking for an Australian handwriting expert to be allowed to examine said documents to confirm if the signatures were really his.
Prosecution: Najib gave different versions to MACC and court
11.10am: Prosecution submits their argument on why the court should deliberate into the application to impeach Najib Abdul Razak, who is testifying in his defence.
DPP V Sithambaram tells the court that Najib had given different versions of his statement during MACC investigation and to the court.
This, according to him, is why the court should take a look into Najib's statement to the authority and compare it with his testimony in court.
Sithambaram says that Najib himself had during cross-examination agreed that there were contradictions.
"So until the MACC statement is seen by my lordship, my friend (defence lawyer) cannot preempt my application for the court to look at the statement.
"Especially (when) the accused himself agreed there is contradiction between his statement and MACC statement," says Sithambaram.
The government attorney also claims that contradiction in Najib's supplementary statement and the MACC statement had also not been explained.
“I pray we will take the first step by underlining the portions in MACC statement for my lord to look at and make preliminary decision”.
10.54am: Proceedings resume after a brief break, with the High Court now expected to hear Najib Abdul Razak's defence team's counter-submission against the prosecution's bid to impeach the accused as a reliable witness.
Impeachment application attempt to stop defence from calling expert witness - Shafee
10.03am: Najib Abdul Razak's lawyer Muhammad Shafee Abdullah and DPP V Sithambaram continue to argue over whether the court should hear prosecution's impeachment application against the accused, who is testifying in his defence.
As Sithambaram says that the defence has no right to stop the court from looking into Najib's testimony and decide on the application, Shafee accuses the prosecution of attempting to stop the defence from calling an expert witness to examine signatures on several documents that had allegedly been signed by Najib.
Justice Mohd Nazlan Mohd Ghazali then allowed a 30-minute adjournment for the defence to prepare for submission on impeachment process.
Prosecution seeks to impeach Najib over alleged contradictory testimony
9.47am - DPP V Sithambaram applies for impeachment proceeding against Najib Abdul Razak over his testimony which allegedly contradicted his statement to the MACC.
"At this juncture, I wish to apply for the impeachment of the credibility of this witness (Najib) under Section 145 (1) and Section 155 (c) of the Evidence Act," Sithamabram says.
The prosecutor seeks to do so after Najib admits today to the discrepancies in his witness statement to the court and what he told investigators about his signatures on several crucial documents related to the SRC International Sdn Bhd affair.
Although Najib had testified that he informed the MACC at the time that the signature appeared to be his, he is now asking the court to allow a foreign expert to confirm it this was indeed the case.
Previously, Najib testified that he informed the MACC then that the signatures appeared to be his.
9.02am - Former prime minister Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery to await the beginning of proceedings.
Also seen in court is Attorney-General Tommy Thomas and other members of the prosecution team, as well as members of the accused's defence team.
The 66th day of Najib Abdul Razak’s RM42 million SRC International trial today marks the first of at least five separate criminal trials that the former prime minister is expected to face this year, 2020.
The other four criminal matters that are expected to come up for hearing at separate courts later this year are the accused’s RM2.28 billion 1MDB, RM6.64 billion IPIC (International Petroleum International Corp), 1MDB final audit report tampering, and RM27 million SRC International cases.
The above does not include the possibility of the accused being dragged into a potential new criminal trial involving the 2016 murder of Mongolian Altantuya Shaariibuu, in which one of the two convicted killers, former police commando Azilah Hadri, had recently issued a statutory declaration fingering Najib, who was the defence minister then, as having issued the order to kill her.
DPP V Sithambaram is expected to resume cross-examination of Najib when the RM42 million SRC International abuse of power, criminal breach of trust and money laundering trial, before High Court judge Mohd Nazlan Mohd Ghazali, resumes around 9am this morning.
In the previous proceedings on Dec 19 last year, Najib among others testified that he could sense when there was enough money in his AmBank account before issuing cheques worth millions of ringgit, and that it was his daughter who complained about missing chocolates following police raid on his house, following the historic 14th general election on May 9, 2018. - Mkini
Hayah Najib, When you shockingly found (EXPOSE by SARAWAK REPORT OR WALL ST. JOURNAL OR OTHER MEANS LAH)out that you had accidentally found and used RM42 million SRC International monies that majigcally mysteriously appeared into your accounts,
ReplyDeleteWHY THE HELL DID YOU NOT AT LEAST HAVE THE BLOODY DECENCY TO PAY IT BACK....
... can always find another way for the funds to return to your oberseas bank accounts mah, WHY SO GREEDY & BODOH WAN U NAJIB & LOLSMAAH?