DEBUNKED

Najib’s SRC Trial: Day 30

July 2, 2019

1640

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**Former SRC director Suboh says he has no doubt in his mind that “orang atas” referred to Najib and it was possible that then SRC CEO Nik Faisal forged his signatures on bank documents.**

9am: Wearing a blue suit, former prime minister Najib Abdul Razak enters the courtroom and takes a seat at the front row of the public gallery to await the beginning of proceedings.

He is seen conferring with his lead defence counsel Muhammad Shafee Abdullah.

9.38am: Clad in a black suit and walking with a cane, former SRC International director Suboh Md Yassin enters the court from the witness room. He is assisted by deputy public prosecutors as he enters the witness stand.

It is understood that proceedings may be slightly delayed as defence lawyer Harvinderjit Singh has another matter in a separate court.

9.44am: Najib enters the dock as proceedings begin.

Also seen in court is Attorney-General Tommy Thomas, who heads the prosecution.

9.45am: The SRC trial starts with lead defence counsel Muhammad Shafee Abdullah seeking an adjournment of today’s hearing.

Shafee tells the court that Najib needs to attend today’s Parliament sitting, citing that a motion of “immense importance” is going to be debated today.

10.27am: Justice Mohd Nazlan Mohd Ghazali refuses the application.

Deputy public prosecutor Ishak Mohd Yusoff then resumes his examination-in-chief of former SRC director Suboh Md Yassin.

10.35am: Suboh tells the court that SRC appointed Ihsan Perdana Sdn Bhd as its corporate social responsibility partner in 2014 without any resolution from the company’s directors.

Suboh says he had agreed to sign a letter dated Sep 3, 2014, to appoint Ihsan Perdana with the guidance of then-CEO Nik Faisal Ariff Kamil.

He testifies that Nik Faisal told him that SRC wanted to do CSR, and that “orang atas” (someone at the top) had agreed to it

“I have no doubt in my mind that when he referred to ‘orang atas’, he referred to Najib (Abdul Razak),” Suboh says.

He then tells the court that a directors’ resolution to ratify the appointment of Ihsan Perdana was later signed in 2015 when he was in Bangkok.

10.55am: Suboh testifies that Faisal called him from Shanghai in 2015.

He says that is based on what was displayed on his mobile phone when he received the call.

“According to the phone, it was from overseas, from Shanghai if I am not mistaken,” he says.

11am: Suboh says he does not know why he signed an AmBank transfer instruction for RM5 million to subsidiary Gandingan Mentari Sdn Bhd.

He tells the court that he was only following instructions from Faisal when he signed off on the transfer dated Feb 5, 2015.

Suboh testifies that Faisal had signed the letter first before it was given to him.

Ishak: Looking at this, you were the director for both SRC International and Gandingan Mentari. Can you explain why you signed the documents?

Suboh: I was told… I was asked by Nik Faisal to sign.

Ishak: So you only followed (the request from Nik Faisal)?

Suboh: (Yes) I followed.

12pm: Defence counsel Kamarul Hisham Kamaruddin objects to a ‘leading question’ over who really controlled the SRC board of directors.

DPP Ishak had asked Suboh who actually wielded control following an amendment to clause 117 of the company’s memorandum and articles of association.

The court heard previously that this amendment made Najib the adviser emeritus of SRC.

“It is inappropriate to ask this, the deputy public prosecutor is putting a suggestion in the witness’ mind,” Kamarul Hisham says. “We object, as it suggests control (by Najib).”

Kamarul adds that despite Ishak’s attempt to rephrase, it is still a ‘leading’ question. Ishak then moves on to another question.

12.15pm: Shafee begins cross-examination.

12.20pm: Suboh tells the court he was questioned by the Malaysian Anti-Corruption Commission (MACC) at least five times.

He says his statements were taken after the 14th general election.

12.35pm: Suboh begins to produce samples of his signature on two pieces of paper in court.

This comes after Justice Nazlan allows a request by the defence to have the witness produce the samples on the spot.

Shafee’s line of questioning focused on Suboh’s earlier testimony on the variations of his signature on several documents he signed as director of SRC and subsidiary Gandingan Mentari Sdn Bhd.

Suboh is asked to produce two sets of signatures, 20 each, on two pieces of paper.

One set is for his formal signature, and the other is to show a signature he referred to in his testimony as “ikut sedap” (following my fancy).

During examination-in-chief by Ishak earlier, Suboh testified that there were variations in his signatures because some were signed “ikut sedap.”

Suboh says the MACC investigating officer asked him for samples of his signature. Suboh says he gave samples of his signature 10 times.

He says the graft-buster did not tell him why they needed the samples and they did not ask him to explain the variations in his signature.

Suboh says he cannot say if his signature has drastically changed since 2011.

1pm: Court adjourns for lunch.

2.45pm: A projector and a tall screen are seen on the left side of the courtroom, where the tables of the defence team are located.

Earlier, Shafee had informed the judge that the defence would be bringing in a projector.

Shafee said that court exhibits being shown on the projector screen would make it easier for Suboh and other parties to follow the proceedings.

2.57pm: Proceedings resume with the cross-examination of Suboh by Shafee.

2.58pm: Suboh testifies that the MACC took statements from him on six occasions, once in 2015 and five times in 2018.

During cross-examination by Shafee, the 42nd witness says the first time the MACC recorded his statement was on Nov 27, 2015.

The next five statements in 2018 were recorded on May 28, 30, 31; and Aug 13 and 15.

Suboh says that the MACC officer who recorded his statement in 2015 was one Syed Mohd Tarmizi Syed Musa, while for the dates in 2018, it was MACC officer Raub Ghani.

3.10pm: Suboh verifies his signature on SRC documents for the court, confirming that Rentas transactions from SRC to Gandingan Mentari carry his signatures, as well as those of Faisal.

3.30pm: Suboh compares documents tendered as evidence with those shown on a projector screen.

This is just a formality to ensure that the correct documents are projected onscreen.

4.18pm: The trial resumes after a short break.

4.33pm: Shafee tells the court that all signed Rentas documents given to the bank were scanned copies and not original copies because the original document has to be returned to the bank 48 hours after the scanned copy is sent.

4.41pm: Shafee submits that Suboh’s signatures on the scanned copies and the originals do not match, adding that the defence would show Suboh that these signatures do not match.

Shafee implies that someone had forged Suboh’s signature when submitting the original documents to the bank.

Shafee says every single hard copy bears forged signatures.

Suboh replies the MACC never asked him why signatures from the hard copies and the scanned copies differed. He says that the banks also approved them without asking.

4.44pm: Suboh acknowledges the possibility that Faisal may have forged his signatures on bank documents.

The offence was allegedly committed to facilitate an AmBank transfer involving millions of ringgit to and from SRC subsidiary Gandingan Mentari’s account, among others.

He is agreeing with Shafee’s assertion that the witness could not have consented to the transfer of funds, to which the witness says, “Yes”.

Shafee: I put it to you that Nik Faisal forged your signature, and gave it to the bank?

Suboh: Maybe.

4.49pm: Suboh says that at that time he had health problems.

Shafee put it to him that Faisal had pounced on that weakness and forged Suboh’s signatures.