The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 74 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Former banker Krystle Yap ready to testify for Najib's defence tomorrow
- Najib claims former AG Gani Patail also appointed as chairperson, court hears
- Najib's lawyer told to use 'prosecution' instead of DPP's name in proceedings
- I never spoke to Jho Low over the management of my accounts: Najib
- Husni should have checked before going to Switzerland, Najib testifies
- Najib: I'm not stupid to put stolen money into my account
- I did not recuse myself from loan guarantee discussions, says Najib
- Najib reiterates he has no personal interest in SRC International
- Gov't guarantees for RM4 billion loans to SRC not predetermined, Najib testifies
- SRC initially writing to Najib did not override KWAP power
- Prosecution wraps up cross against Najib
- Najib does not know if gov't guarantees for RM4b loan to SRC ever laid before Parliament
Thank you for following Malaysiakini's live report
5.15pm - Thank you for following our live report today.
5.10pm - Court adjourns, resumes tomorrow
Former banker Krystle Yap ready to testify for Najib's defence tomorrow
5pm - Former AmBank relationship manager Krystle Yap is ready to testify for Najib Abdul Razak's defence tomorrow, the High Court hears.
The former prime minister's defence counsel Harvinderjit Singh informs Justice Mohd Nazlan Mohd Ghazali that the defence is looking at wrapping up re-examination of Najib by tomorrow.
Nazlan then allows proceedings to adjourn for the day and to continue tomorrow.
Yap was among the witnesses that the prosecution did not call during trial last year, but were then offered to Najib's defence for the defence stage of the accused's RM42 million SRC International trial.
Yap was referred to in testimony by prosecution witnesses such as by former AmBank relationship manager Joanna Yu.
Najib claims former AG Gani Patail also appointed as chairperson, court hears
4.57pm - Najib claims former AG Gani Patail also appointed as chairperson, court hears
Former prime minister Najib Abdul Razak claims that former attorney-general Gani Patail was appointed as chairperson of an unspecified entity, the High Court hears.
The accused says this during re-examination by defence counsel Harvinderjit Singh.
Harvinderjit is asking over the allegation that former attorney-general Apandi Ali was appointed to board of Tabung Haji following Apandi absolving Najib of wrongdoing in the SRC International investigation in 2016.
Najib says there is no connection in the SRC matter and Apandi becoming a member of Tabung Haji's board.
'I think his predecessor Gani Patail was appointed chairperson or something," Najib says without specifying to what company or body that Gani Patail was allegedly appointed as chairperson to.
Najib's lawyer told to use 'prosecution' instead of DPP's name in proceedings
4.40pm - Over the past hour plus, defence counsel Harvinderjit Singh kept referring to DPP V Sithambaram's short name 'Sitham' when conducting re-examination of Najib Abdul Razak.
This prompts Sithambaram to stand up and remind Harvinderjit to just use "prosecution" rather than "Sitham" when referring to a past question raised by the prosecution during cross-examination of Najib.
This causes the whole court to burst into laughter, helping alleviate the sombre nature of proceedings.
"Perhaps you would like to refer to "prosecution". It feels like I am on trial," Sithambaram reminds Harvinderjit, eliciting chuckles from other lawyers, DPPs and those from the public gallery.
With a grin, Harvinderjit then rephrases the question to Najib.
4.20pm - Proceedings resume after brief break
4.04pm - Proceedings takes a short break
I never spoke to Jho Low over the management of my accounts: Najib
3.51pm - Najib Abdul Razak testified that he never communicated with wanted businessperson Jho Low over management of the accused's accounts.
During re-examination by lawyer Harvinderjit Singh, the former prime minister says this despite chat logs between Jho Low and then AmBank relationship manager Joanna Yu.
In the course of trial last year, Yu testified on dealing with Jho Low in the management of Najib's accounts.
Harvinderjit: He (Jho Low through the chat logs with Yu) gave the impression that he received the text from you in regards to the credit card (spending). Were you in communication with Jho Low on the management of your account?
Najib: No.
Najib clarifies that his few communication with Jho Low was only in relation to the Arab donation coming into the accused's account.
When Harvinderjit asks why Yu was dealing with Jho Low despite the fugitive (Jho Low) having no authority to deal with the accounts, Najib says Yu should answer this.
Najib had also previously filed a suit against Yu and AmBank over alleged mismanagement of his account by sharing its information to Jho Low.
Husni should have checked before going to Switzerland, Najib testifies
3.03pm - Najib Abdul Razak testifies that then second finance minister Ahmad Husni Hanadzlah should have consulted the foreign ministry and Attorney-General before going to Switzerland to try recover RM3.6 billion of public funds from there.
During re-examination by defence counsel Farhan Read, the former prime minister says that Husni should have done this as part of a proper plan before trying to go to Switzerland.
During the prosecution stage of trial, Husni testified that Najib prevented him from going to Switzerland to try recover RM3.6 billion of the Retirement Fund Inc (KWAP) loans to SRC International which was sent overseas.
"If Husni wanted to visit and he has sincere intention, then the Ministry of Finance can prepare the Cabinet paper and then circulate it around to the Ministry of Foreign Affairs and the Attorney-General, maybe the Ministry of International Trade and Industry.
"But I would think in this case it would be the Foreign Ministry and the AG as important to consult.
"Needed their input as it is not just financial matters but also got legal significance.
"I believe that input from the AG (then Apandi Ali), who was in touch with his counterpart (in Switzerland), is important for Cabinet to decide whether Husni can go. That is what I mean by a proper plan," Najib says.
2.43pm - Proceedings resume after lunch break
1pm - Proceedings will resume after lunch break
Najib: I'm not stupid to put stolen money into my account
12.58pm - Former prime minister and finance minister Najib Abdul Razak testifies that it would be ludicrous for him to take money from a Minister of Finance Inc (MoF Inc) company like SRC International.
The accused says this during re-examination by defence counsel Farhan Read, who is asking about the prosecution's assertion that the accused planted cronies on the board of SRC to transfer RM42 million into the accused's bank account.
Najib testifies that this is strengthened by the fact that there is no written evidence that he specifically instructed for the transfer the RM42 million into his account as a bribe for him to ensure approval for the government guarantee on a related RM4 billion loan to SRC.
"I have been in government for a long time, prime minister for nine years. It is ludicrous for me to take money from an MKD (MoF Inc) company (SRC) to begin with in some way or manner and put it in my personal account.
"If I had a criminal mind to cheat, I would be a stupid person as you do not put stolen or bribe (money) into your account, as a lot of people would know about it, as Bank Negara would know.
"I may not be the smartest person but I am not that stupid. Cannot go on a matter of conjecture.
"There is no evidence that (I) directed RM42 million (from SRC) be put into my account. It has never happened before in the years I have been in government," Najib says.
I did not recuse myself from loan guarantee discussions, says Najib
12.30pm - Former Premier Najib Abdul Razak said he never recused himself from the cabinet meeting during loan guarantee discussions for the RM4 billion loan as there's no other family members in it.
"Because it did not involve family members. All finance ministers never recused themselves in similar matter in the past.
"The other person who normally advise would be secretary to the cabinet, Tan Sri Masidah, who normally advised ministers if they need to recuse themselves.
"She never advised me to recuse..no basis for me to recuse myself," he said.
Najib reiterates he has no personal interest in SRC International
12.20pm - Former prime minister Najib Abdul Razak reiterates that he has no personal interest in SRC International, the court hears.
The former finance minister and ex-advisor emeritus of SRC International says this during re-examination by defence counsel Farhan Read.
Farhan is asking about the prosecution's cross-examination of Najib over the alleged lump sum disbursement of the billions of ringgit in loans from Retirement Fund Inc (KWAP) to SRC International.
SRC International became fully owned by Minister of Finance Inc (MoF Inc) in early 2012.
"It has been stated several times that I have no personal or pecuniary interest in SRC. I have stated over and over and I will continue to state this," says Najib.
11.53am - Proceedings resume after a short break
11.21am - Proceedings is paused for a short break
Govt guarantees for RM4 billion loans to SRC not predetermined, Najib testifies
10.50am - Former prime minister Najib Abdul Razak testifies that the Cabinet approval for the government guarantees for the Retirement Fund Inc (KWAP) RM4 billion loans to SRC International was not predetermined.
During re-examination by defence counsel Farhan Read, Najib says this is because Cabinet ministers can give their views and can oppose any cabinet paper presented by the premier.
Farhan is asking about an issue raised by the prosecution during cross-examination, on whether the government guarantees had already been predetermined to be approved.
"Certainly not. Cabinet members can give their views and even papers presented by the prime minister can be turned down by the Cabinet.
"Ministers are free to give their views on the paper," Najib says.
SRC initially writing to Najib did not override KWAP power.
10.12am - Najib Abdul Razak testifies that SRC International initially writing to him for a RM3.95 billion loan did not override the Retirement Fund Inc (KWAP) powers to decide on the merits of the loan application.
During re-examination by defence counsel Farhan Read, the former finance minister says that it was done just to start the process and that he (Najib) cannot override the power of KWAP to decide on the merit of the loan application.
"This would start the process to consider the (loan) request by SRC. It does not mean I was going to override powers of the (KWAP) investment panel.
"According to the law, the investment panel has absolute authority to decide. As a minister, I cannot override that," Najib says.
Najib also points out that the fact that KWAP only greenlighted a RM2 billion loan to KWAP in 2011 rather than RM3.95 billion loan, proved this.
Prosecution wraps up cross against Najib
10.04am - DPP V Sithambaram (above) wraps up his cross-examination against Najib Abdul Razak.
In reply to a series of questions by Sithambaram, Najib denies having any knowledge of the RM42 million in his bank account between Dec 2014 and Feb 2015.
Sithambaram then wraps up his cross-examination, with defence counsel Farhan Read beginning re-examination of the accused.
Najib does not know if gov't guarantees for RM4b loan to SRC ever laid before Parliament.
9.52am - Former prime minister Najib Abdul Razak testifies that he does not know whether the Cabinet approval for government guarantees for the Retirement Fund Inc (KWAP) RM4 billion loans to SRC International was ever laid before the Dewan Rakyat.
The former finance minister says this during the final round of cross-examination by DPP V Sithambaram.
"I do not know. It is the job of the functionaries. It is an administrative action," Najib replies.
Sithambaram's question is premised over Section 2(3) of the Loan Guarantee (Bodies Corporate) Act 1965, which states that "the minister shall, as soon as possible after a guarantee under this section is given, lay before the Dewan Rakyat a statement of the guarantee together with a copy of the agreement aforesaid."
Sithambaram: This government guarantees were never laid before the Dewan Rakyat?
Najib: I do not know.
Sithambaram: The purpose of laying it before the Dewan Rakyat is for all (members of parliament) to know?
Najib: Yes, for transparency.
Najib also admits that no Parliament Hansard could be produced to confirm whether it has been laid before Parliament.
9.49am - Najib Abdul Razak enters the witness stand as proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali begins.
Also seen in court is DPP V Sithambaram, who is expected to spend another hour to wrap up cross-examination of the former prime minister.
The accused's lead defence counsel Muhammad Shafee Abdullah is expected to begin re-examination of Najib after the prosecution is done with cross-examination today.
9.25am - Accused Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery to await for the RM42 million SRC International trial to begin.
The RM42 million SRC trial will start a bit later today as the former prime minister's defence team has to attend to a separate High Court matter this morning.
The separate proceeding is in respect of a court decision on an application by Najib, his wife Rosmah Mansor and their daughter Nooryana Najwa to inspect items seized by MACC during the 1MDB investigation.
The defence team today gets the opportunity to re-examine Najib Abdul Razak in the defence stage of the former prime minister's RM42 million SRC International trial.
When the 74th day of hearing before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali resumes after 9am this morning, veteran lawyer Muhammad Shafee Abdullah will re-examine the accused.
Today is the first-day of Najib's re-examination, following the prosecution having wrapped up cross-examination of the accused on Jan 23.
As outlined under the law, re-examination is an opportunity for Najib, through questions by his defence team, to explain any issue that cropped up during cross-examination by Attorney-General Tommy Thomas and DPP V Sithambaram.
Back on Jan 23, while under cross-examination by Sithambaram, Najib among others testified that it was difficult to get members of the Saudi royal family to vouch for the authenticity of the billions of ringgit that the accused received as donations.
Najib, who was also former finance minister and SRC International's advisor emeritus, is on trial over seven counts of abuse of power, criminal breach of trust and money laundering of RM42 million in funds from the Minister of Finance Incorporated (MoF Inc) company.
The accused was also the former chairperson of the board of advisors of sovereign wealth fund 1MDB, which used to have full-ownership over SRC International. - Mkini
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