DAY 91 | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 91 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Court fixes three days from May 12 for oral submission
- Defence closes case in Najib's RM42m SRC International trial
- Judge allows break for Shafee to speak to potential witness
- MACC recorded Nik Faisal's 2015 statement in Jakarta - witness
- 'Money flowing into Najib's account not necessarily an offence'
- Former DPP denies cover-up in closing probe on Najib
- MACC recommended Nik Faisal, Suboh, 2 others charged - Dzulkifli
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1.30pm - Thank you for following our live report today.
Court fixes three days from May 12 for oral submission
12.33pm - The High Court fixes three days - May 12, 13 and 18 - for oral submissions in the defence stage of Najib Abdul Razak's RM42 million SRC International trial.
Justice Mohd Nazlan Mohd Ghazali (photo) sets the dates following lead defence counsel Muhammad Shafee Abdullah informing that the defence closes its case today.
Proceedings then adjourn for today.
Today marks the 33rd day of the defence stage of trial, with Najib's defence having called 19 witnesses including the accused himself, to testify in court.
Defence closes case in Najib's RM42m SRC International trial
12.22pm -Lead defence counsel Muhammad Shafee Abdullah informs the High Court that the defence now closes its case in Najib Abdul Razak's RM42 million SRC International trial.
He says this following resumption of proceedings after brief break.
Judge allows break for Shafee to speak to potential witness
12.04pm - Justice Mohd Nazlan Mohd Ghazali allows an application by lead defence counsel Muhammad Shafee Abdullah for a brief break of proceedings.
Shafee seeks the break in order to briefly speak to a potential defence witness from the Education Ministry and see if the person could testify in Najib Abdul Razak's RM42 million SRC International trial.
MACC recorded Nik Faisal's 2015 statement in Jakarta - witness
11.59am - MACC officer Regjit Singh testifies that the MACC recorded statement from SRC International CEO Nik Faisal Ariff Kamil in October 2015.
The defence witness says this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah (photo).
Regjit adds the statement was recorded from Nik Faisal at a hotel in Jakarta, on two separate days in October that year.
The witness testifies that Nik Faisal was then accompanied by lawyer Selva Mookiah.
Selva also used to be MIC legal advisor.
11.40am - Proceedings resume after a brief break.
Court breaks after Dzulkifli released from witness stand
11.02am - Former DPP Dzulkifli Ahmad is released from the witness stand after lead defence counsel Muhammad Shafee Abdullah wraps up re-examination of the defence witness.
Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali then allows proceedings to go for a brief break.
'Money flowing into Najib's account not necessarily an offence'
10.58am - Mere money flowing into the personal accounts of then premier Najib Abdul Razak does not necessarily constitute an offence, former DPP Dzulkifli Ahmad testifies.
He says that during re-examination by lead defence counsel Muhammad Shafee Abdullah.
Shafee is asking Dzulkifli (photo) on the other ingredients needed for money flowing into Najib's accounts to make it a criminal offence.
"The inflow of money does not necessarily mean it is an offence unless it was made with knowledge and mala fide (bad faith) or mens rea (intention to commit offence)," Dzulkifli says.
The witness was among a team of DPPs who helped then attorney-general Mohamad Apandi Ali to peruse the investigation papers of MACC in regard to the RM2.6 billion donation and RM42 million SRC International probe against Najib.
On Jan 26 2016, Apandi cleared Najib of wrongdoing in the cases.
Former DPP denies cover-up in closing probe on Najib
10.13am - Former DPP Dzulkifli Ahmad denies that there has been a cover-up in then attorney-general Mohamad Apandi Ali's decision to close the RM2.6 billion and RM42 million case against then prime minister Najib Abdul Razak.
During cross-examination by DPP V Sithambaram, the defence witness angrily says this.
Sithambaram is asking Dzulkifli whether the Apandi's act of sending the related investigation papers (IPs) back to the MACC in January 2016 was mere sandiwara (theatrics) as part of a cover-up.
Sithambaram: I say that the "further looking into (penjelasan)" from MACC is mere sandiwara because a decision had already been made not to charge Najib?
Dzulkifli: This is mere tohmahan (imputation) for me, not true at all.
Sithambaram: This is not true?
Dzulkifli: Not true.
Sithambaram: The further inquiries asked of MACC to find out if there is a case against Najib, was merely to close the case?
Dzulkifli: Not true because the further penjelasan (looking further into the IPs) is very important to see if the case can be proven or not, in regard to the element of the charge proposed.
Sithambaram: I say it is merely to cover up Najib's case.
Dzulkifli: Not true at all and this is tohmahan on the prosecution.
MACC recommended Nik Faisal, Suboh, 2 others be charged - Dzulkifli
10.02am - The MACC had recommended that SRC International CEO Nik Faisal Ariff Kamil (photo), the company's director Suboh Md Yassin and two other SRC linked directors be charged.
Former DPP Dzulkifli Ahmad testifies this during examination in chief by lead defence counsel Muhammad Shafee Abdullah.
Dzulkifli says this in relation to the MACC investigation papers that were given to then attorney-general Mohamad Apandi Ali in January 2016.
On Jan 26 that year, Apandi cleared then sitting premier Najib Abdul Razak of wrongdoing in the RM2.6 billion and RM42 million SRC International issues.
Dzulkifli said the MACC recommended the four be charged under Section 409 of the Penal Code.
He, however, does not remember who the other two directors were.
He also says that he does not know the outcome of that recommendation until today.
Proceedings begin
9.55am - Former prime minister Najib Abdul Razak enters the dock as proceedings begin before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.
The prosecution is expected to begin the cross-examination of defence witness Dzulkifli Ahmad, who was former DPP and former MACC chief commissioner.
Lead defence counsel Muhammad Shafee Abdullah informs the court that he has two additional questions to ask Dzulkifli, before the prosecution can cross-examine the witness.
The prosecution today is set to cross-examine former MACC chief Dzulkifli Ahmad over his testimony regarding the Attorney-General’s Chambers’ decision to clear former prime minister Najib Abdul Razak of wrongdoing in the RM42 million SRC International case in 2016.
On the 91st day of Najib’s RM42 million SRC International trial this morning, deputy public prosecutor (DPP) V Sithambaram is expected to grill defence witness Dzulkifli over then attorney-general Mohamed Apandi Ali’s decision on Jan 26, 2016, to absolve Najib of wrongdoing in the SRC International matter.
Sithambaram informed the court yesterday that the prosecution will cross-examine Dzulkifli.
Yesterday, Dzulkifli testified he was part of the deputy public prosecutors assisting Apandi in perusing through the MACC’s investigation papers (IPs) on the RM2.6 billion donation and RM42 million of SRC International’s funds that ended up in Najib’s personal accounts.
Dzulkifli testified in detail the process involved in Apandi’s decision to drop the RM2.6 billion donation and RM42 million SRC International probe against Najib.
The 52-year-old witness, who was later appointed to helm MACC from August 2016 to May 2018, also told the court that it was improper for the graft buster’s then chief commissioner Abu Kassim Mohamed on July 4, 2015, to propose to the multi-agency 1MDB task force that then sitting premier Najib should be charged in court.
Najib is on trial over a charge of abuse of power, three charges of criminal breach of trust, and three counts of money laundering linked to RM42 million from SRC International, a former subsidiary of troubled sovereign wealth fund 1MDB.
In early 2012, SRC International became wholly-owned by the Minister of Finance Incorporated (MoF Inc). Najib then was also the finance minister, advisor emeritus to SRC International, and chairperson of the board of advisors to 1MDB. - Mkini
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