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SRC trial, Day 58: Defence seeks action against contemptuous online article

August 28, 2019

Prosecution closes their case

* Najib to knows his fate on Nov 11 

The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 58th day today at the High Court in Kuala Lumpur.

Malaysiakini brings you live reports of the proceedings.

Summary of Najib’s SRC RM42 million case

Najib is facing 7 charges relating to RM42m involving SRC International, a former 1MDB subsidiary.

1 abuse of power charge

3 criminal breach of trust (CBT) charges

3 money laundering charges

KEY HIGHLIGHTS

  • Defence seeks action against contemptuous online article
  • Court fixes Dec 3 for trial if Najib called to enter defence
  • Nov 11 for decision if Najib needs to enter his defence
  • AG formally closes prosecution’s case
  • Prosecution wraps up re-examination of final witness, Rosli Hussain
  • RM2.6b issue irrelevant to RM42m received by Najib – MACC IO
  • SRC never reported alleged signature forgeries, says MACC officer
  • Rosli rejects defence’s suggestion his testimony ‘not entirely truthful’ Witness testifies there was draft charge sheet against Najib in 2015
  • Investigation papers in 2015 recommended charges against Nik Faisal
  • No other MACC prosecutors went through SRC investigating papers – Rosli
  • Rosli Hussain disagrees with Apandi Ali’s 2016 statement clearing Najib
  • Kevin Morais not involved in SRC case
  • Defence attempts to enter media statements as exhibits
  • Proceedings begin

1.05pm – Thank you for following our live report today.

Defence seeks action against contemptuous online article

12.49 pm – Najib Abdul Razak’s lead counsel, Muhammad Shafee Abdullah, has requested for Attorney-General Tommy Thomas to take action against a purportedly contemptuous article regarding the former prime minister’s SRC International case.

Shafee says that he would share the article with Thomas later for Attorney-General’s Chambers to look into it.

“If Yang Arif read the article, this is one article that I would imagine Yang Arif would convict the man (writer) for contempt.

“It is among the worst article, with analysis and figures. It has all sorts of remarks that concludes the whole defence team is projecting a defence that is not honest.

“I hope they (AGC) would take action,” Shafee tells Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali as Thomas looks on from the prosecution team’s side of the court.

However, Shafee did not reveal the author, title and website where the article is uploaded.

The trial then adjourns.

Court fixes Dec 3 for trial if Najib called to enter defence

12.45pm – The first day of Najib Abdul Razak’s defence stage of the RM42 million SRC International trial will begin on Dec 3, if the former prime minister is called to enter his defence.

“Dec 3 and 4 to start, then Dec 9 to 12, and Dec 16 to 19,” Nazlan ruled when fixing further dates for Najib’s possible defence stage. The former premier will be called to enter his defence in the event the judge decides that a prima facie case has been established against Najib.

Nov 11 for decision if Najib needs to enter his defence

12.35pm – Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali fixes Nov 11 for the decision on whether former prime minister Najib Abdul Razak needs to enter his defence in the RM42 million SRC International case.

“Decision is on Nov 11, three weeks after clarification and final oral submission.

“If there is no prima facie, the accused will be acquitted. But if prima facie is found on any (of Najib’s 7 charges), the defence will be called,” the judge ruled.

Nazlan also sets oral submission on Oct 22 and tentatively, on Oct 23.

AG formally closes prosecution’s case

12.18pm – Attorney-General Tommy Thomas (photo) formally closes the prosecution’s case against Najib Abdul Razak.

Thomas then offers 66 witnesses to the defence.

“The trial began on April 3 and is now completed with the 57th witness (Rosli Hussain).

“We like to offer 66 witnesses to defence and for convenience for all parties, we have a list of the witnesses offered.

“With that, I formally close the prosecution’s case,” says Thomas say.

Prosecution wraps up re-examination of final witness, Rosli Hussain

12.14pm – DPP Suhaimi Ibrahim wraps up his re-examination of MACC investigating officer Rosli Hussain.

AG Tommy Thomas will now submit the closing statement.

RM2.6b issue irrelevant to RM42m received by Najib – MACC IO

11.26am – MACC IO Rosli Hussain (below) testifies that the issue of RM2.6 billion being deposited into one of Najib Abdul Razak’s bank accounts has nothing to do with the RM42 million transferred into the former prime minister’s other accounts.

During re-examination by DPP Suhaimi Ibrahim, the 57th witness explains why he did not investigate allegations concerning the RM2.6 billion deposit.

“Based on my investigation, I found that the money (RM 2.6 billion) was already used up by June 2014. It has nothing to do with the SRC money (RM42 million) that went into Najib’s account.

“I did not check out the Riyadh (Saudi Arabia) Finance Ministry and Prince Faisal (Turki) because it has nothing to do with my probe, as this RM2.6 billion is (under) the 1MDB probe and has nothing to do with SRC,” he said.

It was first reported in 2015 that US$681 million (RM2.6 billion) had been channelled into Najib’s personal bank account between March and April 2013.

The Wall Street Journal and whistleblower website Sarawak Report exposed the transfers based on leaked documents from Malaysian investigators.

Najib denied he had abused public funds for personal gain, and described the sum as a political donation from the Saudi royal family.

SRC never reported alleged signature forgeries, says MACC officer

11.12am – The hearing resumes with the re-examination of MACC IO Rosli Hussain by DPP Suhaimi Ibrahim.
Rosli tells the court that throughout his investigations, SRC never filed any complaint about alleged false signatures belonging to the company’s former director Suboh Md Yassin or its former CEO Nik Faisal Ariff Kamil.
“I did not receive complaints from any party with regard to allegations that the signatures were forged…so I did not (see a need) to refer the signatures to a handwriting expert,” says Rosli.
Suhaimi points out that the issue of the pair’s signatures being forged had previously been raised during cross-examination. However, Rosli says no formal complaint had been lodged over signature forgeries by SRC or its subsidiary Gandingan Mentari.

From → Malaysia Upclose

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