NAJIB SRC TRIAL | More than a month since Najib Abdul Razak took the stand in the SRC International graft trial, attention is now shifting to several key documents which appear to carry his signature but is being disputed by the former prime minister.
This has prompted a request from the defence to bring in an expert witness to help verify the authenticity of Najib's signatures, which Kuala Lumpur High Court Judge Mohd Nazlan Mohd Ghazali has given the nod to.
At the centre of this dispute are seven documents, which Najib's defence wants an Australian handwriting expert to examine.
The documents, purportedly signed by Najib, include instructions to send RM4 billion of SRC funds, which were loans given by the Retirement Fund Incorporated (KWAP), and are now unaccounted for.
Najib had testified in court saying that he now has doubts on the documents and suspected that his signatures could have been forged.
He said this suspicion arose during the prosecution stage of the trial after seeing witness Suboh Md Yassin (below), who is a former SRC director, testifying that his (Suboh) signatures could have been forged.
Here is the gist of the seven documents that Najib is disputing its authenticity and expected to be examined by the expert witness in February:
P277
A letter dated Dec 24, 2014 purportedly signed by Najib instructing AmBank to effect two outgoing money transfers from his accounts ending 880 and 906.
The bank was ordered to effect the transfer of RM27 million to Permai Binaraya Sdn Bhd and RM5 million to Putra Perdana Construction Sdn Bhd, both transactions on Dec 29, 2014.
P497
P497, or prosecution's evidence 497, contains a 1MDB shareholder minutes purportedly signed by Najib on Sept 15, 2011, instructing 1MDB board of directors to approve several activities concerning SRC International.
For the record, SRC International was then a subsidiary of 1MDB, while Najib was the minister in charge of the Minister of Finance Incorporated (MOF Inc) that owns 1MDB.
Among the instructions include for RM1.5 billion in US dollar equivalent to be transferred from SRC International's account to Falcon Private Bank Ltd (Hong Kong Branch) for international investments, and for SRC International to deposit RM300 million to Julius Baer Hong Kong for international investments.
Also in P497 is a set of 1MDB directors circular resolution (DCR) dated Oct 11, 2011, "approving" the instructions to take effect.
P501
A set of minutes that was purportedly signed by Najib as the minister in charge of the MOF Inc, as shareholder of 1MDB.
This minute dated Feb 17, 2012, stated approval of MOF Inc for 1MDB's subsidiary SRC International to send a total of RM3.6 billion overseas as international investments.
The RM3.6b came from the two-tranches of loan that SRC had earlier taken from KWAP, totalling RM4b.
P510
This is a set of minutes purportedly signed by Najib on his capacity as the Corporate Representative of MOF Inc in 2012, approving amendment of SRC International Memorandum and Articles of Association (M&A) as decided in the company's purported extraordinary general meeting held on April 23, 2012.
It is through this minute that Najib had, allegedly, approved the introduction of Article 117 in the M&A which states that the prime minister shall be appointed as advisor emeritus to SRC International, among others.
"The advisor emeritus shall advise the board on material matters of strategic interest to Malaysia and the board shall give due consideration to and implement any advice of the advisor emeritus in the best interest of the company," Article 117 stated.
A signature purportedly Najib's is found at the bottom of the document, signed as the Corporate Representative of MOF Inc.
P530
A set of 1MDB shareholder's minutes dated Aug 11, 2011, where Najib had allegedly instructed then 1MDB chairperson Che Lodin Wok Kamaruddin to implement a series of activities concerning SRC.
Among the instructions are for 1MDB to appoint Ismee Ismail as chairperson of SRC board of directors, while Che Abdullah @ Rashidi Che Omar, Shahrol Azral Ibrahim Halmi, and Nik Faisal Ariff Kamil (above) as members of the board.
The minutes instructed 1MDB to hire Nik Faisal as SRC's managing director and CEO for a contract of three years, effective immediately (on the same date), and named Ismee, Nik Faisal, Shahrol Azral, and Che Abdullah as signatories for the company's Ambank accounts.
D534
1MDB shareholder's minute dated Feb 17, 2012, approving SRC to convert RM1.8b from its fund into US dollar and send the monies to a subsidiary (SRC International (Malaysia) Ltd), or SRCI, as an advance.
(SRCI is the subsidiary of SRC)
The RM1.8b was supposed to be kept in SRCI's two bank accounts in BSI Bank (Lugano branch in Switzerland) and Julius Baer & Co (Hong Kong branch) for future investments and working capital requirements.
D535
1MDB shareholder's minutes dated Feb 17, 2012, approving SRC to borrow its second tranche of RM2b from KWAP.
A signature purportedly of Najib's is found at the bottom of the document, signed as the MOF Inc. - Mkini
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