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Thursday, March 5, 2020

Day 88: Defence seeks to establish legality of 1MDB-linked audio recordings

Malaysiakini

NAJIB SRC TRIAL | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 88 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.

KEY HIGHLIGHTS
  • Submission on admissibility of 1MDB-linked recordings on Monday
  • Defence seeks to establish legality of 1MDB-linked audio recordings
  • Content of recordings important, not legality - Latheefa
  • MACC chief can't confirm if recording a product of interception
  • MACC may reveal audio recordings when 'involving public interest'
  • Authorities still probing authenticity of the tape - Latheefa
  • Najib-linked audio recordings very clear, says MACC chief
  • MACC received 9 pendrives in an envelope - Latheefa
  • MACC chief arrives to take the witness stand

Thank you for following Malaysiakini's live report
4.15pm - Thank you for following our live report today.

Submission on admissibility of 1MDB-linked recordings on Monday
3.55pm - The Kuala Lumpur High Court fixes Monday to hear further submission on the admissibility of 1MDB-linked audio recordings of purported conversations of former premier Najib Abdul Razak and several other personalities.
Justice Mohd Nazlan Mohd Ghazali states this at the end of proceedings this afternoon.
On Monday next week, MACC chief commissioner Latheefa Koya is expected to continue her testimony as a subpoenaed defence witness.

Defence seeks to establish legality of 1MDB-linked audio recordings 
3.46pm - Najib Abdul Razak's defence team wishes to establish the legality of the 1MDB-linked audio recordings purportedly involving conversations of the former premier with several other personalities, the High Court hears.
Lead defence counsel Muhammad Shafee Abdullah informs Justice Mohd Nazlan Mohd Ghazali (photo) this today.
Shafee informs the court that the defence also seeks to establish whether the audio recordings had been meddled with or not.
Earlier, despite being an examination-in-chief, Shafee was involved in a mostly contentious back-and-forth with subpoenaed defence witness, MACC chief commissioner Latheefa Koya.
Most of the contentious line of questionings were on the admissibility and legality of the 1MDB-linked audio recordings that MACC made public on Jan 8.

Content of recordings important, not legality - Latheefa
3.40pm - MACC chief Latheefa Koya testifies that what's in the content of the 1MDB-linked audio recordings of conversations allegedly involving Najib Abdul Razak is more important than finding out if the recordings were illegally obtained or intercepted.
"The nature of the content is more important. Whether it’s illegal or intercepted, it (the media conference) has to be done.
"So the public knows, never again, AG or PMO could get involved in such offences such as revealing secret information, tamper or fabricate evidence for the purpose to avoid being prosecuted," she testifies during the cross-examination by the counsel Muhammad Shafee Abdullah.
Latheefa also says that there's nothing illegal in revealing the audio recording to the public. 

MACC chief can't confirm if recording a product of interception
3.20pm - Najib Abdul Razak's counsel Muhammad Shafee Abdullah presses MACC chief to determine if the leaked audio recording is a product of interception.
"No. I wouldn't say whether we know this is an interception or not. It could be anything, it’s a recording," she says.
Earlier, Shafee suggested that the content in the audio recording cannot be used or revealed as evidence, and can only be used for intelligence purposes.

MACC may reveal audio recordings when 'involving public interest'
3.12pm - MACC chief commissioner Latheefa Koya testifies that in certain situations that involve public interest, the anti-graft watchdog may make public related recordings.
The subpoenaed defence witness says this during examination-in-chief by Najib Abdul Razak's lead defence counsel Muhammad Shafee Abdullah.
She is answering a question from Shafee on whether she had considered the admissibility in court the 1MDB-linked audio recordings of conversations allegedly involving Najib and several other personalities.
Shafee is asking this in relation to the MACC going public with the audio recordings on Jan 8.
"There is no such requirement when it involves public interest. This is not the first time when it involves public interests we share with the public.
"If a (MACC) investigating team stumbles on millions of cash, photos would be shared with the public, before the money is sent to be marked for investigation, that is the same context," Latheefa says.
She then cites the Sabah water department corruption investigation, where millions of ringgit were found. She cites the director in that case being identified, among others.

Authorities still probing authenticity of the tape - Latheefa
3pm - MACC chief Latheefa Koya says authorities are still investigating the authenticity of the tape said to have contained the voice of Najib Abdul Razak and several others.
Muhammad Shafee Abdullah (photo): Until now, is there any process to authenticate?
Latheefa: We had handed over the recording to the police and they are still investigating. I think they have handed over to the cybersecurity. MACC is also investigating, opened files under Section 23, on due process. Ongoing.
Earlier, Latheefa said she and other MACC officers ascertained that the voice in the audio belonged to Najib, based on the voice in the recording.

Najib-linked audio recordings very clear, says MACC chief  
2.58pm - The 1MDB-linked audio recordings of conversations allegedly involving Najib Abdul Razak is very clear, MACC chief commissioner Latheefa Koya testifies.
During examination-in-chief by lead defence counsel Muhammad Shafee Abdullah, the subpoenaed defence witness testifies this in regard to the audio recordings which were released to the media on Jan 8.
"On Monday Jan 6, we (MACC) met in the morning to discuss the recording. I was told the audio recordings had various dates involving various personalities.
"We played the audio recordings and found out the content of the recordings discussed files involving certain personalities.
"My deputy head of Amla (in MACC) Zamry and a few of my (MACC) officers were able to recognise the identities of persons speaking (in the audio recordings).
"It was clear recordings. We could identify what they talked about, who they were and the context of the conversation.
"Based on the contents, they (MACC) could confirm it is authentic," Latheefa says.

MACC received 9 pendrives in an envelope - Latheefa
2.45pm - MACC chief Latheefa Koya testifies that on Jan 3, her deputy Azam Baki informed her that he had received a package from his special officer.
The package contained nine pendrives, which would later reveal to have contained audio recordings of former premier Najib Abdul Razak and several others.
She says the audio recordings were later shared with the public and the media about a week later.
"The purpose was to share with the public and the media and reveal the content in which it involved. It contains a very serious matter of public interest.
"It reveals conversation which represents members of government, constitution, such as MACC, AGC, PMO were involved in conspiring to cover up certain investigations against persons who we believe hold one of the highest offices in the country," she says when questioned by the counsel Muhammad Shafee Abdullah

MACC chief arrives to take the witness stand
2.37pm - MACC chief commissioner Latheefa Koya enters the witness stand to testify as a defence witness.

2.35pm - Former prime minister Najib Abdul Razak enters the dock as proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali begins.

MACC chief commissioner Latheefa Koya is expected to take the witness stand on the 88th day of former premier Najib Abdul Razak's RM42 million SRC International trial today.
Following a false start two days ago, where a mistake in the defence's subpoena resulted in Latheefa being unable to testify, the anti-graft watchdog chief has indicated that she is able and willing to testify today.
Like yesterday's proceedings, the trial before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali will start around 2.30pm, because lead defence counsel Muhammad Shafee Abdullah has a matter at the Court of Appeal in the morning.
During yesterday's proceedings, Shafee had also indicated that he would try to get former attorney-general Mohamed Apandi Ali to testify today as well.
The court yesterday heard, among others, that a purported Arab prince did not sign a MACC statement which allegedly confirmed the authenticity of four letters that established a donation to then prime minister Najib. - Mkini

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