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Thursday, January 9, 2020

Day 69: Husni didn't have a 'proper' plan to get back SRC money - Najib



The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 69 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.

Summary of Najib’s SRC RM42 million case

Najib is facing 7 charges relating to RM42m involving SRC International, a former 1MDB subsidiary.

KEY HIGHLIGHTS
  • Husni didn't have a 'proper' plan to get back SRC money - Najib
  • Najib admits he had liaised with Jho Low on 'a few occasions'
  • DPP questions Najib on Blackberry chats between Jho Low, Joanna Yu
  • My personal spending insignificant in light of Arab donation - Najib
  • Najib can't recall if Arab donation used for Kelantan flood relief efforts
  • Prosecution suggests that no gifts were given to wife of former Qatar PM
  • Rosmah used Najib's credit card to buy gifts for former Qatar PM's wife
  • Najib's defence seeks MACC audio recording of 1MDB-linked conversations

Thank you for following Malaysiakini's live report
4.55pm - Thank you for following our live report today.

Court adjourns, trial to continue next week
4.47pm - High Court judge Mohd Nazlan Mohd Ghazali agrees to adjourn proceedings for the day and to continue the trial at 9am, Jan 20.
The former prime minister also has to attend his 1MDB final audit report tampering trial before a separate Kuala Lumpur High Court from Monday to Thursday next week.

Husni didn't have a 'proper' plan to get back SRC money - Najib
4.30pm - Former prime minister Najib Abdul Razak claims that then Second Finance Minister Ahmad Husni Hanadzlah (below) did not have a proper plan when the latter expressed intention to go to Switzerland to bring back SRC International's money in 2016.
This was why he didn't approve Husni's request at the time, Najib says in court.
Najib, who was also the Finance Minister at that time, says this when answering questions from DPP V Sithambaram pertaining to efforts to bring back SRC's "investments" from overseas.
The lawyer then asks Najib if he agrees that a finance minister's visit might be more effective to get the Swiss government to release the money, compared to SRC doing it as a company.
"Unless there is a proper plan. Datuk Husni didn't have a proper plan," Najib says.
Sithambaram then suggests to Najib that he actually did not want Husni to go to Switzerland.
Najib disagrees to the suggestion.
In August last year, Husni testified as a prosecution witness.in the trial.
During his testimony, he said that he wanted to go to Switzerland to try and obtain the SRC funds frozen by Swiss authorities, but Najib did not give his permission.
Husni said he had learnt that SRC International funds amounting to some RM3 billion was frozen on suspicion of money laundering.
"I then met with Najib and asked for permission to lead a delegation from the Finance Ministry, Bank Negara and Retirement Fund Incorporated (KWAP) to present documents as evidence that the money was a loan from KWAP (to SRC International) and should not have been frozen for money laundering.
"However, the prime minister did not agree with my actions," he had said, while reading from his witness statement.

Court resumes after a short break
4.10pm - Proceedings resume following a short break.
3.45pm - Proceedings adjourn for a short break.

Najib admits he had liaised with Jho Low on 'a few occasions'
3.43pm - The court hears from Najib Abdul Razak that he had in "a few occasions" liaised with 1MDB-linked businessperson Jho Low over the operations of the former premier's AmBank accounts.
Najib's admission comes as he answers a series of questions from DPP V Sithambaram, which go into Jho Low's chats with former AmBank relationship manager Joanna Yu.
The Blackberry Messenger (BBM) chats between Low and Yu in 2014 seem to show that Low was involved in ensuring that Najib had enough funds to issue cheques and make payments using his credit cards.
Najib firstly agrees that a series of BBM chats between Low and Yu in Aug 2014 depicted jewellery purchases amounting to RM3.282 million made on Najib's credit cards in Italy.
Sithambaram: The purchase of jewellery... Do you agree that the transaction and this (chats) depict what happened (on the purchase in Italy)?
Najib: Yes.
Sithambaram: It is clear that Jho low was making sure all transactions were honoured, correct sir?
Najib: Yes.
Sithambaram: And from these transactions and conversations, Jho Low verified the accounts to the bank for purpose of ensuring sufficient funds for you to use your credit cards and issue cheques, correct sir?
Najib: Yes.
Sithambaram: And I'm putting to you sir, these BBM chats would show that Jho Low was on some occasions in contact with you, to ensure the cards and cheques were honoured.
Najib: It was basically (with) Azlin (Najib's late chief private secretary Azlin Alias).
Sithambaram: But on some occasions with Jho low?
Najib: A few occasions.
Sithambaram: (On a) few occasions he liaised with you?
Najib: Yes.

DPP questions Najib on Blackberry chats between Jho Low, Joanna Yu
3.05pm - The prosecution continues Najib Abdul Razak's cross-examination by asking the former prime minister on a series of Blackberry Messenger chats between 1MDB-linked businessperson Jho Low and former AmBank relationship manager Joanna Yu.
DPP V Sithambaram walks Najib through the chat transcript, where Low and Yu discussed on debiting funds into Najib's AmBank accounts in 2014 to ensure sufficient balance to issue cheques.
He then refers Najib to bank statements that correspond to what was discussed by Low with Yu, before asking:
Sithambaram: This is clear that Jho low was making sure that you have enough money to write cheques. Correct sir?
Najib: It would appear so.

My personal spending insignificant in light of Arab donation - Najib
2.49pm - Former prime minister Najib Abdul Razak testifies that his personal credit card spending of thousands of ringgit is not significant in light of the donation he received from the Saudi royal family.
The DPP V Sithambaram is asking him about the numerous personal spending of thousands of ringgit in his credit card statement.
In his previous testimony to the court, Najib said that the only significant personal spending charged to his credit card was the purchase of a RM466,330.11 Chanel watch for his wife Rosmah Mansor.
Sithambaram: I put it to you that your statement that the Chanel watch was your only personal spending is not correct.
Najib: I have to qualify, that (Chanel watch) was substantial. The other (thousands of ringgit of spendings) are not significant.
Sithambaram: Still, there were other (thousands of ringgit) other expenditure.
Najib: Yes, but they were not significant.
Sithambaram: Not significant based on the Arab donation?
Najib: Yes.
Najib previously claimed that he received RM2.6 billion in donations from the late Saudi Ruler King Abdullah Abdulaziz Al-Saud.

Najib can't recall if Arab donation used for Kelantan flood relief efforts
2.43pm - Najib Abdul Razak says he does not remember if the purported billions of ringgit in donations he received from the Saudi royal family was used for relief efforts in the 2014 Kelantan floods.
The former prime minister reveals this when DPP V Sithambaram asks about the thousands of ringgit Najib spent on a hotel stay in Bangkok, Thailand.
Najib answers that the spending was necessary as he was meeting his then Thai counterpart to discuss relief efforts for the flooding in Kelantan.
Sithambaram: Was Arab donation used for Kelantan (as flood relief in 2014)?
Najib: I do not remember.
Sithambaram: But this is CSR (corporate social responsibility, which is one of the purported reasons for the Arab donation to Najib).
Najib: I cannot recall.

Prosecution suggests that no gifts were given to wife of former Qatar PM
2.33pm - DPP V Sithambaram moves his questioning to a letter which was purported to be an acknowledgement by the wife of former Qatar PM Hamad Jassim for a jewellery gift from Najib Abdul Razak in 2014.
The lawyer asks Najib if he needs to call anyone to testify that the RM3.282 million worth of jewellery had indeed been given to the woman.
To this, Najib says: "We are looking into it."
Sithambaram then suggests to Najib that there was no gift of that sum given to Hamad's wife, and the letter was only produced to explain the expenses.
Najib disagrees with both suggestions.
Sithambaram: I'm putting it to your Datuk Seri, that there was no gift of this sum to the wife of the PM of Qatar. You agree or disagree?
Najib: I disagree.
Sithambaram: And I'm putting it to you that this letter was produced after the event to explain the RM3.282 million worth of expenses.
Najib: I disagree.

Rosmah used Najib's credit card to buy gifts for former Qatar PM's wife
2.28pm - Today's cross-examination of former prime minister Najib Abdul Razak starts with DPP V Sithambaram asking Najib on the RM3.282 million charged to his credit cards to purchase jewellery in Italy in Sept 2014.
Najib had previously testified that he spent the amount to purchase a gift from De Grisogono jewelry boutique for the wife of then Qatar premier Hamad Jassim.
However, the court now hears that it was not Najib who made the purchase.
Najib testifies that he had left the task to shop for the jewellery to his wife Rosmah Mansor, who had used his credit card to do so.
This is revealed when Sithambaram queries Najib on how many pieces of jewellery were actually purchased from the boutique for Hamad's wife, to which Najib answers: "Its a piece of jewellery."
However, Sithambaram then asks the politician to refer to his bank statement, which listed the purchase of 10 items from De Grisogono on that date.
After studying the statement, Najib then tells the court that it looked like it was a set of jewelry.
"Looks like it is a set. But I have to check with my wife. She purchased of the item," he says.

Najib's defence seeks MACC audio recording of 1MDB-linked conversations
2.18pm - Najib Abdul Razak's defence team will file an application to obtain the audio recording on the accused's alleged 1MDB-linked conversations from MACC.
Lead defence counsel Muhammad Shafee Abdullah informs High Court judge Mohd Nazlan Mohd Ghazali this during the start of proceedings today.
"The MACC provided a tape recording, and they disclosed it to the world at large. The majority of its contents are usable for our defence," Shafee says.
DPP V Sithambaram then tells the court that the prosecution reserves its right to object or not object to the application, pending the prosecution having seen its details.
Yesterday, during a press conference, MACC chief commissioner Latheefa Koya and other MACC officers revealed audio recordings allegedly of Najib in 1MDB-linked conversations with several individuals, including his wife Rosmah Mansor.

Proceedings begin
2.15pm - Najib Abdul Razak enters the witness stand as proceedings begin.
2pm - Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery to wait for proceedings to begin.
Also seen in court is DPP V Sithambaram and other DPPs, as well as the former prime minister's lead defence counsel Muhammad Shafee Abdullah and other members of the accused's defence team.

Najib's trial starts at 2pm as defence team attends Lokman's matter
11am - Former prime minister Najib Abdul Razak's RM42 million trial will start at 2pm this afternoon instead of 11am this morning.
DPP V Sithambaram says this is because Najib's lead defence counsel Muhammad Shafee Abdullah and other members of the defence team are still attending a hearing at a separate High Court.
He said the hearing involves Umno supreme council member Lokman Noor Adam's (photo) application to set aside the leave granted by the court to the Attorney-General's Chambers to commence with a contempt proceeding against him.
The committal bid is linked to Lokman's alleged threats against Najib's former special officer Amhari Efendi Nazaruddin, who is a key witness in the former premier's ongoing RM2.28 billion 1MDB trial.

The 69th day of Najib Abdul Razak's RM42 million SRC International trial will start later this morning at 11am.
Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali set the late-morning hearing resumption time to allow the former prime minister's defence team to attend two other court matters.
The first is the mention of Najib's 1MDB final audit report tampering case before High Court judge Mohamed Zaini Mazlan.
The second matter before High Court judge Collin Lawrence Sequerah is the hearing of an application by Lokman Noor Adam to quash the leave granted to the Attorney-General's Chambers to commence contempt proceedings against the Umno supreme council member.
The committal proceedings were over Lokman's alleged threats to Najib's former special officer Amhari Efendi Nazaruddin, who is a key witness in the former premier's ongoing RM2.28 billion 1MDB trial. Sequerah is the judge presiding over Najib's 1MDB case.
Yesterday, during the RM42 million SRC International trial, the court heard among others that Najib did not lose any money due to 1MDB-linked fugitive Jho Low's purported manipulation of massive monetary inflows into the former prime minister's bank accounts.
The case also saw no shortage of out-of-courtroom development linked to the RM42 million SRC trial. Among others, the accused's lead defence counsel Muhammad Shafee Abdullah mulled contempt proceedings against MACC and its chief commissioner, Latheefa Koya.
This was over the MACC expose yesterday of tapped audio recordings purportedly revealing Najib in conversations with a number of individuals over matters linked to the 1MDB scandal.
SRC International was a former subsidiary of 1MDB before the company was taken over by Minister of Finance Inc (MoF) in 2012. Najib was then finance minister. - Mkini

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