Najib’s SRC Trial: Day 37

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SRC money used to pay Najib’s credit card bills, which include an RM3.3 million shopping spree at Swiss luxury jeweller De Grisogono in Italy, RM466,330 in Chanel Honolulu, RM127,012 in Shangri-La Bangkok.

9.03am: Former prime minister Najib Razak enters the court and takes a seat in the front row of the public gallery.

Hasnoor Hussain/TMI

While awaiting proceedings to begin, also seen are his lead counsel Muhammad Shafee Abdullah and other members of the defence team, as well as Attorney-General Tommy Thomas and other deputy public prosecutors.

9.08am: Najib enters the dock as proceedings begin.

9.34am: The trial resumes with the 46th prosecution witness, Bank Negara Malaysia investigating officer Shuzairizman Shuib, taking the stand to be cross-examined.

Hasnoor Hussain/TMI

Defence lawyer Harvinderjit cross-examines the witness, calling into doubt whether he followed standard operating procedures as there were devices that were analysed but not put in his report.

He also calls into question the completeness of a conversation account relationship manager Joanna Yu had with an unknown BlackBerry PIN number.

Shuzairizman argues that the phone conversations are what mattered in his report and not texts.

Deputy public prosecutor V Sithambaram interjects, saying the witness produced the phone conversations.

Harvinderjit says more than 20 pages are missing and he is entitled to ask about them.

Sithambaram says Yu will be taking the stand so the defence should be patient and not ask this witness.

10.08am: Sithambaram calls the cross-examination a fishing expedition as the defence is not specifying what it wants.

10.17am: Harvinderjit now closes in on communications between Crystal Yap and another AmBank relationship manager Daniel Lee.

The defence highlights WhatsApp messages between Yap and Lee on December 9, 2014. Shuzairizman verifies the messages.

10.38am: Harvinderjit asks the witness about WhatsApp and Telegram conversations between Yu and Yap.

Shuzairizman said last week their phones did not have those apps. Harvinderjit implies that their phones had those apps.

Shuzairizman replies: “most likely”.

10.50am: The defence completes their cross-examination of Shuzairizman.

However, they want the court to allow them to recall Shuzairizman as a witness after the AmBank relationship managers are called in to testify.

Sithambaram says that since the cross-examination is complete, the defence will have to satisfy the court with reasons for recalling the witness.

Sithambaram then continues his re-examination of Shuzairizman with several questions on exhibits tendered in the court.

The witness is then released from the witness stand before the court breaks.

11.15am: Trial resumes after a short break with the 24th prosecution witness AmBank Rentas Transfer Unit Manager Wedani Senen recalled to the witness stand.

She is verifying a transaction of RM5 million from Putra Perdana Construction Bhd in Alliance Bank to an AmPrivate banking account. The last three digits of the account end in ‘906’ and is under Najib’s name.

11.32am: They’re going through other transactions credited into Najib’s ‘906’ account.

The court also hears from Wedani that nearly RM50 million was credited into an AmBank bank account ending in ‘880’ that belonged to Najib in 2014.

Wedani testifies under cross-examination that the amount was transferred in several transactions from overseas bank accounts belonging to Blackrock Commodities (Global) Limited and Vista Equity International Partners companies.

Based on documents released by the US Department of Justice (DoJ), it had been established that both Blackrock Commodities and Vista Equity are owned by one ‘Eric Tan’, who had been identified as an associate of Jho Low.

Despite the similarity in names, the DoJ noted that Blackrock Commodities (Global) Limited had no affiliation with the global investment management company BlackRock Inc.

According to Wedani’s testimony, RM4.093 million was credited into the ‘880’ account on June 23, 2014, which was the amount in ringgit after exchanged from GBP750,000 transferred by Blackrock Commodities four days earlier.

She says that the time difference between the money when it was debited by Blackrock Commodities and when it was credited into Najib’s account was due to several processes required by the bank to process foreign currency transfers.

Wedani testifies that on Oct 21, 2014, Seychelles-based Visa Equity had transferred GBP5.75 million to Najib’s account. It was credited into the account ending ‘880’ on ‘Oct 23, 2014, in a ringgit amount of 30.032 million.

Najib’s account was then credited with millions of ringgit in four more transactions from Vista Equity:

  • Credited Nov 24,2014 – RM3,624,473.70
  • Credited Nov 26, 2014 – RM11,567.57
  • Credited Dec 10, 2014 – RM5,360,065.00
  • Credited Dec 19, 2014 – RM6,809,129.43

12.17pm: The next witness, Yeoh Eng Leong, takes the stand. The 47th witness, he is the senior vice-president of AmBank in charge of credit card operations.

Hasnoor Hussain/TMI

He is also in charge of fraud management and has access to credit card statements.

Yeoh says the MACC (Malaysian Anti-Corruption Commission) asked him to provide credit card statements from Najib’s AmBank account.

The statements he gave to MACC were from 2011 to 2015.

12.24pm: There are two credit cards under Najib’s account – a Visa platinum and a MasterCard platinum, said Yeoh.

The spending limit on both cards is RM3 million.

The two credit cards were used to spend over RM3.2 million in total between Aug 2014 and Jan 2015.

There were two transactions in the Visa card and eight in the MasterCard.

For Visa, one of the transactions was in Italy for €100,000 (RM465,000) on August 8, 2014, at De Grisogono.

Another transaction at the same shop on the same day came to €3,500.

12.32pm: For the MasterCard, €100,000 was charged at the same merchant, De Grisogono.

Another €100,000 was charged and the third transaction was €50,000 in the same outlet.

The fourth transaction was for €100,000 at the same merchant. The fifth transaction was for €100,000 at the same merchant.

The sixth transaction was for €100,000. The seventh transaction on the same day was for the sum of €100,000 at the same merchant. The last transaction was for €10,000 at the same outlet.

On August 13, there was a payment of RM2.83 million on the MasterCard.

On December 22, 2014, US$130,627 (RM466,330) was charged to Chanel in Honolulu, Hawaii.

12.35pm: There was also a payment of RM127,017 at Shangri-la Bangkok in January 2015.

12.37pm: On February 5, 2015, RM466,330 was paid to the Visa card.

Yeoh says that the credit card debts were paid with money transferred from an AmBank account ending in ‘880’.

Previously, the court heard that the ‘880’ account was registered under Najib’s name.

12.38pm: Cross-examination begins now.

RM127,017 was also paid off for the MasterCard.

Harvinderjit suggests that according to the statements in April 2015, Nik Faisal had made a payment for both the accounts.

Nik Faisal used his credit card to make payments for both the accounts.

12.51pm: Yeoh testifies that Najib did not lodge a complaint regarding the more than RM3.2 million spent using two of his credit cards between Aug 2014 and Jan 2015.

He tells this to DPP Budiman Lutfi Mohamed during re-examination.

Budiman: Did Najib ever lodge any complaint on the spending?

Yeoh: We have no record of a dispute (report lodged by Najib).

Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali then allows proceedings to adjourn for lunch.

2.42pm: Proceedings resume.

2.46pm: The trial resumes after the break with its 48th witness, Suhaimi Ismail, called to the stand. Suhaimi is Bandar Malaysia Sdn Bhd’s Legal Division director.

He says at the time in question, he was working at the law firm Hisham Sobri & Kadir, which handled documentation for KWAP’s loan to SRC.

He testifies in court that both KWAP and SRC had agreed to opt for a syariah-compliant agreement called Bai al-Inah for the loans.

He reads to the court the offer letter from KWAP granting the first RM2 billion loan.

4.02pm: He is verifying with the DPP when and where these documents were signed, as well as the signatories of the documents.

SRC has to repay KWAP a total sum of RM9.2 billion for its RM4 billion loans in 2011 and 2012, Suhaimi testifies.

Suhaimi says the sum that SRC owes to KWAP included an amount for profit in the agreement for both loans.

He says this under examination-in-chief by DPP Muhammad Saifuddin Hashim Musaimi.

Suhaimi: SRC has to pay (KWAP) RM4.6 billion for the first loan and RM4.6 billion for the second loan.

DPP Saifuddin: This includes profit?

Suhaimi: Yes.

DPP Saifuddin: So, a (payment of) RM4.6 billion for the first RM2 billion facility, and another RM4.6 billion for the second RM2 billion facility?

Suhaimi: Yes.

DPP Saifuddin: The total amount (needs to be repaid by SRC) is RM9.2 billion?

Suhaimi: Yes.

4.25pm: Harvinderjit begins cross-examining Suhaimi on whether the KWAP loan to SRC was shariah compliant.

4.49pm: The witness is let go from the stand.

4.51pm: Shafee makes an application to get documents pertaining to Najib’s accounts for the defence. Sithambaram says he is following A-G’s instructions not to give out any documents.

Shafee argues that his client not being granted access to the documents is unlawful.

5.07pm: Shafee says his client needs the documents to declare his assets.

Sithambaram says he has heard of no such thing.

Shafee retorts, saying the A-G was the one who asked for a declaration of assets, and that his client needs the documents to do so.

Nazlan says Shafee’s team should submit a proper formal application to hear the legal merits behind the need for the documents.

5.13pm: They are asked to submit their application for the documents on Thursday.

5.17pm: Shafee asks Nazlan to grant Najib leave to attend Parliament to vote on an amendment to change the voting age from 21 to 18 years old at 11am tomorrow.

Shafee says his client has to attend Parliament as it is a historic vote.

Sithambaram says his team does not want to go ahead with the trial if Najib is not present as it runs the risk of nullity.

5.28pm: Nazlan says that because the defence has given advance notice and taking into consideration the importance of the vote in Parliament, he allows the trial to end early tomorrow so Najib can attend it.

The judge adds that if the trial cannot be wrapped up by August 15, it will be extended to the next day.

The court adjourns for today.

Earlier reports:

July 11, Najib’s SRC Trial: Day 36

July 10, Najib’s SRC Trial: Day 35

July 9, Najib’s SRC Trial: Day 34

July 8, Najib’s SRC Trial: Day 33

July 3, Najib’s SRC Trial: Day 32

July 3, Najib’s SRC Trial: Day 31

July 1, Najib’s SRC Trial: Day 30

June 20, Najib’s SRC Trial: Day 29

June 19, Najib’s SRC Trial: Day 28

June 18, Najib’s SRC Trial: Day 27

June 17, Najib’s SRC Trial: Day 26

June 14, Najib’s SRC Trial: Day 25

June 13, Najib’s SRC Trial: Day 24

June 12, Najib’s SRC Trial: Day 23

June 11, Najib’s SRC Trial: Day 22

June 10, Najib’s SRC Trial: Day 21

May 28, Najib’s SRC Trial: Day 20

May 27, Najib’s SRC Trial: Day 19

May 15, Najib’s SRC Trial: Day 18

May 14, Najib’s SRC Trial: Day 17

May 9, Najib’s SRC Trial: Day 16

May 8, Najib’s SRC Trial: Day 15

May 7, Najib’s SRC Trial: Day 14

May 7, Najib Fails in Second Bid to Remove Sri Ram as 1MDB Lead Prosecutor

May 7, Najib Signed Guarantee Letter for RM2B KWAP Loan to SRC, KWAP Rules Breached

May 6, Najib’s SRC Trial: Day 13

May 2, Najib’s SRC Trial: Day 12

May 2, RM1M Golden Handshake in Final Month as PM for Najib

Apr 30, Najib’s SRC Trial: Day 11

Apr 29, Najib’s SRC Trial: Day 10

Apr 29, Court Throws Out Najib’s Application to Strike Out 7 SRC Charges, Trial to Go On

Apr 25, Najib’s SRC Trial: Day Nine

Apr 24, Najib’s SRC Trial: Day Eight

Apr 24, Najib’s SRC Trial: Day Seven

Apr 22, Najib’s SRC Trial: Day Six

Apr 18, Najib’s SRC Trial: Day Five

Apr 17, Najib’s SRC Trial: Day Four

Apr 16, Najib’s SRC Trial: Day Three

Apr 15, Najib’s SRC Trial: Day Two

Apr 3, Najib Trial: Day One