The prosecution has presented oral arguments in the continuation of the Federal Court's hearing of Najib Abdul Razak's main appeal in the RM42 million SRC International corruption case today.
It was a rough start for the defence team as the former prime minister discharged members of the new legal team from Zaid Ibrahim Suflan TH Liew & Partners.
However, Hisyam Teh Poh Teik remained as counsel on record for Najib.
Chief Justice Tengku Maimun Tuan Mat then directed for proceedings to continue with deputy public prosecutor V Sithambaram resuming his oral submissions where he left off yesterday.
Thank you for following Malaysiakini’s live reports.
The lives updates for Najib’s SRC appeal will resume next Tuesday.
KEY HIGHLIGHTS:
Najib's lawyer still given chance to prepare oral submissions
Bid to adjourn hearing on next Tuesday, Wednesday denied
Letters on Arab donation never produced during trial - DPP
DPP: Najib knew RM42m proceeds of unlawful activity
Najib's Arab donation claim 'unbelievable' - DPP
BBM chats show Najib's knowledge of bank transactions - DPP
DPP: Overwhelming evidence Najib misappropriated RM42m from SRC
Najib never complained about RM42m flowing into account - DPP
Najib discharges lawyers from Zaid’s firm
Najib's lawyer still given chance to prepare oral submissions
4.02pm: Najib Abdul Razak's counsel Hisyam Teh Poh Teik reiterates that he would not make oral submissions next Tuesday.
However, Chief Justice Tengku Maimun Tuan Mat says that the apex court will still give him the opportunity to prepare oral submissions.
The top judge says Hisyam has tomorrow, Sunday and next Monday to prepare.
The bench then adjourns proceedings for today and to continue on Tuesday next week.
Deputy public prosecutor V Sithambaram earlier wrapped up his oral arguments against Najib's appeal.
Bid to adjourn hearing on next Tuesday, Wednesday denied
3.30pm: Najib Abdul Razak's counsel Hisyam Teh Poh Teik applies for the apex court to adjourn the hearing of the SRC appeal on Tuesday and Wednesday next week.
The lawyer claims it is because he has to attend another court matter during those days, adding that he can attend the SRC appeal hearing on Thursday next week.
However, Chief Justice Tengku Maimun Tuan Mat denies the postponement bid, reminding Hisyam that he is still the counsel on record for the former prime minister.
"As stated many times, no adjournment of this appeal. We will proceed as scheduled," the top judge rules.
Yesterday, the five-person bench refused Hisyam's bid to be discharged from representing the appellant.
Deputy public prosecutor V Sithambaram then resumes with his oral submissions against Najib's appeal.
Letters on Arab donation never produced during trial - DPP
3.23pm: Deputy public prosecutor V Sithambaram orally submits that the trial judge found the story of Saudi royalty donation by Najib Abdul Razak's legal team doubtful.
The prosecutor tells the apex court that this was because the former prime minister's lawyers never produced the originals during the criminal trial.
The former finance minister's legal team had sought to rely on the letters to back their defence that the Saudi royalty donated the money to the appellant.
"The evidence of the appellant also demolishes the credibility (if any) of the Arab letters as they do not mention the (Arab) king or his promise of support at the Riyadh meeting.
"The only reason the appellant maintains his belief that the funds were from the king was because of (businessperson) Jho Low and this cannot be believed for a man befitting the status of the appellant (as then premier and finance minister)," argues Sithambaram.
DPP: Najib knew RM42m proceeds of unlawful activity
3.14pm: Deputy public prosecutor V Sithambaram presents oral submission that Najib Abdul Razak knew the RM42 million that flowed into his accounts were proceeds of unlawful activity.
The prosecutor points out that the trial court correctly surmised that the former prime minister had knowledge that the funds were illegally gotten from SRC International.
Sithambaram is presenting arguments regarding the appellant's conviction under three charges of money laundering.
Apex court hearing resumes
3.01pm: The Federal Court reconvenes, with Najib Abdul Razak seen in the dock.
Apex court adjourns proceedings to 3pm
12.23pm: Chief Justice Tengku Maimun Tuan Mat directs proceedings to adjourn to 3pm.
Around this time on a work-day Friday, people not only go for lunch but Muslims also go for Friday prayers.
Najib's Arab donation claim 'unbelievable' - DPP
12.17pm: Deputy public prosecutor V Sithambaram orally submits that the SRC trial judge found it unbelievable regarding Najib Abdul Razak's claim of a belief that the funds in his accounts were donations from Saudi royalty.
The prosecutor points out that the High Court came to this conclusion when it was weighing against the totality of the evidence.
BBM chats show Najib's knowledge of bank transactions - DPP
11.54am: Deputy public prosecutor V Sithambaram tells the apex court that Najib Abdul Razak's then relationship manager (from AmBank) Joanna Yu received instructions from businessperson Low Taek Jho (Jho Low) via BlackBerry Messenger (BBM).
The prosecutor orally submits that BBM chat transcripts showed that the then banker among others received messages such as the former prime minister's messages forwarded to her by Jho Low, informing of cheques that the appellant has or would be writing, and on proposed transfers to the appellant.
Sithambaram contends that the BBM messages establish that the appellant used Jho Low to verify his bank balances to ensure that he had sufficient credits or funds for credit card expenses and cheques he had issued or would issue.
DPP: Overwhelming evidence Najib misappropriated RM42m from SRC
11.47am: Deputy public prosecutor V Sithambaram contends that the prosecution adduced overwhelming evidence to show Najib Abdul Razak had misappropriated RM42 million from SRC and converted the money for his own use.
The prosecutor points out that during the SRC trial, the defence team's cross-examination of prosecution witnesses failed to seriously challenge that monies were indeed deposited into the appellant's bank account, AmBank, and used for Najib’s own benefit.
Apex court proceedings resume
11.17am: Hearing of Najib Abdul Razak's appeal in the RM42 million SRC International corruption case resumes before the apex court.
Proceedings adjourn for short break
10.53am: The apex court directs the hearing to adjourn for a short break.
Najib never complained about RM42m flowing into account - DPP
10.42am: Deputy public prosecutor V Sithambaram points out that Najib Abdul Razak never complained to any bank about the wrongful transfer of RM42 million into the former prime minister's account.
The prosecutor notes that the former finance minister was more than content to utilise the money.
Najib discharges lawyers from Zaid’s firm
9.38am: Lawyer Hisyam Teh Poh Teik informs the apex court that Najib Abdul Razak has discharged members of the new legal team.
The lawyers discharged are from Zaid Ibrahim Suflan TH Liew & Partners.
However, Hisyam remains Najib's counsel.
Chief Justice Tengku Maimun Tuan Mat directs for proceedings to proceed.
Deputy public prosecutor V Sithambaram then resumes his oral submissions against Najib's appeal.
Proceedings resume
9.36am: The apex court convenes as Najib Abdul Razak is seen in the dock.
The first and second days of hearing on Monday and Tuesday this week only saw the apex court hear and dismiss Najib’s two applications - one to adduce fresh evidence in the SRC case and the other to postpone the main appeal hearing for between three to four months. The court took a break on Wednesday.
It was only on the third day, yesterday, that the bench was able to focus on presiding over Najib’s main appeal to set aside his conviction on one count of abuse of power, three counts of criminal breach of trust (CBT) and three money laundering charges, as well as quash his 12-year jail term and RM210 million fine.
The other Federal Court bench members are Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and senior judges P Nallini, Mary Lim Thiam Suan and Mohamad Zabidin Mohd Diah.
On July 28, 2020, the High Court in Kuala Lumpur found Najib guilty of all seven criminal charges and meted out the sentence accordingly.
However, the High Court trial judge, Mohd Nazlan Mohd Ghazali, allowed the defence’s bid to stay the execution of the sentence pending the disposal of Najib’s appeal. Nazlan has since been elevated to the Court of Appeal.
On Dec 8 last year, the Court of Appeal upheld the lower court’s ruling and dismissed Najib’s bid to overturn his conviction and sentence.
Najib also used to be SRC’s adviser emeritus and chairperson of the board of advisers of Malaysian sovereign wealth fund 1MDB.
Both entities are fully owned by the Minister of Finance Incorporated (MOF Inc). Initially a subsidiary of 1MDB, SRC was later wholly-transferred to MOF Inc. - Mkini
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