Najib’s SRC Trial: Day 58

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Prosecution wraps up its case.

8.58am: Najib Razak enters the court and takes a seat at the front row of the public gallery and waits for proceedings to begin.

Sam Fong/The Edge

Also seen in court are Attorney-General Tommy Thomas and prosecutors, as well as the former prime minister’s lead counsel Muhammad Shafee Abdullah and other members of the defence team.

9.17am: Court in session with last prosecution witness MACC investigating officer Rosli Hussain taking the stand.

9.25am: Shafee begins his cross-examination of Rosli, asking whether he interviewed former ministers who attended the four cabinet meetings related to the government loans to SRC International.

Rosli says he questioned former second finance minister Ahmad Husni Hanadzlah, former minister in the Prime Minister’s Department Nor Mohamed Yakcop and Muhyiddin Yassin, the then deputy prime minister.

9.28am: Shafee asks Rosli whether the latter was aware that former Saudi ambassador Syed Omar Syed Mohamad Al Saggaf served as interpreter during a meeting between Najib and King Abdullah. Rosli says “no”.

Rosli says he also not aware whether former foreign affairs minister Anifah Aman was present.

9.30am: DPP V Sithambaram objects to Shafee’s attempt to tender as exhibits, two media statements by the attorney-general Apandi Ali, issued on Jan 18 and Jan 26, 2016.

Sithambaram says while Shafee can refer to the statements in his questioning, to mark the documents is objectionable because the maker of the statements is not in court and therefore, it is hearsay.

Shafee agrees to proceed with his questions but points out the defence was previously told to rely on media reports when it had raised a similar issue on a letter of authority.

Rosli testifies that deceased DPP Kevin Morais was not involved in the SRC investigation in 2015.

Shafee: Was Kevin Morais involved in SRC (probe)?

Rosli: No.

Shafee: 1MDB (probe)?

Rosli: No.

9.45am: Rosli testifies that he disagrees with Apandi Ali’s Jan 26, 2016, media statement that there is no evidence to show Najib gave the approval to transfer money from SRC to his personal accounts.

Shafee is referring to Apandi’s controversial media statement on Jan 26, 2016, which cleared Najib of wrongdoing in the RM2.6 billion donation issue as well as money transfers involving SRC.

When Shafee asks whether Apandi’s decision was final, Rosli, who was the investigating officer in the SRC case then, says even though Apandi made the decision, the MACC can appeal.

9.57am: Shafee puts to Rosli that his investigation papers are inaccurate because lawyers in MACC went through them and doctored them. Rosli denies this.

Rosli says the investigation paper was handed over and cleared by MACC director Bahari on December 31, 2015.

Rosli then handed the investigation paper to Apandi Ali on January 26, 2016.

Shafee: Before investigating paper was handed over to the A-G, there was no one DPP that went over it?

Rosli: No.

Shafee: Definitely?

Rosli: As far as I recall.

Shafee: I am putting it to you that your recollection is wrong.

Rosli: I handed the investigation paper directly to Apandi.

10.04am: Shafee asks Rosli if the MACC recommended to the A-G that some prosecution witnesses in this case be charged in 2015.

V Sithambaram objects to this line of questioning, saying that the defence can’t discuss contents in an investigation paper because it’s under the Official Secrets Act.

10.05am: Shafee is allowed to suggest to Rosli that the MACC recommended for (former SRC International CEO) Nik Faisal Ariff Kamil, (former Ihsan Perdana managing director) Shamsul Anwar Sulaiman, (former Ihsan Perdana finance director) Abdul Aziz Ismail and (former SRC International director) Suboh Md Yassin.

Sithambaram objects again.

10.07am: Shafee asks again if they were recommended to be charged.

Rosli says “yes”.

Shafee: These recommendations are for the (alleged) offence relating to the transfer of RM27 million, RM5 million and RM10 million (into Najib’s accounts between Dec 2014 and Feb 2015)?

Rosli: Yes.

10.08am: Shafee suggests they were also to be charged with money-laundering in relation to more than RM150 million.

Rosli says he can’t remember.

10.11am: Shafee says there was a draft charge for Faisal and Suboh for committing CBT with SRC funds.

Rosli agrees.

Shafee also puts to him that Shamsul Anwar and Abdul Aziz were also recommended to be charged with money-laundering.

Rosli replies that he doesn’t remember this.

Rosli says these people have not been charged. Shafee puts to him that their passports are still blacklisted.

Rosli agrees.

10.14am: Rosli agrees that there was a draft charge sheet against Najib in 2015.

Shafee: Was there ever a draft charge sheet made against Najib (in 2015)?

Rosli: There had been.

Shafee: To the extent that Sarawak Report and even the then A-G Gani Patail said (something similar)?

Rosli: That I do not know.

When Shafee probed further, Rosli says it is normal to draft charge sheets based on findings from MACC probes.

10.18am: Shafee moves in to question Rosli about Jho Low.

10.20am: Shafee suggests that Low went to great lengths to make sure credit card accounts and account statements never made it to Najib.

Rosli says he is not sure.

Shafee then asks if Najib could have told Low to instruct the bank on this, suggesting that it didn’t make sense for the prime minister to do that.

Rosli disagrees.

10.22am: Shafee asks if Najib’s cheques bounced, would he have not checked his account or ask why they bounced.

Rosli says “yes, if he wanted to ask. It was up to him”.

10.22am: Rosli disagrees with Shafee’s final suggestion that there have been parts of his testimony in which he has been “not entirely truthful”.

Mukhriz Hazim/Malaysiakini

“Absolutely not,” says Rosli, before the hearing breaks to allow the prosecution to prepare for re-examination.

11.12am: The hearing resumes with the re-examination of Rosli by DPP Suhaimi Ibrahim.

Rosli tells the court that throughout his investigations, SRC never filed any complaint about alleged false signatures belonging to Suboh or Faisal.

“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.

11.26am: Rosli testifies that the issue of RM2.6 billion being deposited into one of Najib’s bank accounts has nothing to do with the RM42 million transferred into his other accounts.

During re-examination by Suhaimi, Rosli 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 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.

12.14pm: Suhaimi wraps up his re-examination of Rosli.

12.15pm: The witness is released.

12.18pm: Attorney-General Tommy Thomas formally closes the prosecution’s case against Najib.


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.

12.22pm: Thomas is setting a schedule for Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali’s decision.

12.33pm: Nazlan allocates four weeks for written submissions and another three weeks to reply each submission.

The hearing of oral submission will be on October 22.

Nazlan’s decision will be on November 11, where he will rule if Najib needs to enter his defence in the SRC case.

12.35pm: “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 says.

12.45pm: The first day of Najib’s defence stage of the SRC trial will begin on Dec 3, if he is called to enter his defence.

“Dec 3 and 4 to start, then Dec 9 to 12, and Dec 16 to 19,” Nazlan rules when fixing further dates for Najib’s possible defence stage.

12.49 pm: Shafee has requested Thomas to take action against a purportedly contemptuous article regarding Najib’s SRC 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 Nazlan 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.

1.17pm: Court adjourns until October 22.

Earlier reports:

Aug 23, Najib’s SRC Trial: Day 57

Aug 22, Najib’s SRC Trial: Day 56

Aug 20, Najib’s SRC Trial: Day 55

Aug 19, Najib’s SRC Trial: Day 54

Aug 14, SRC Trial Postponed as Najib Down with Sore Eyes

Aug 13, Najib’s SRC Trial: Day 52

Aug 9, Najib’s SRC Trial: Day 51

Aug 7, Najib’s SRC Trial: Day 50

Aug 6, Najib’s SRC Trial: Day 49

Aug 5, Najib’s SRC Trial: Day 48

Aug 1, Najib’s SRC Trial: Day 47

July 31, Najib’s SRC Trial: Day 46

July 29, Najib’s SRC Trial: Day 45

July 25, Najib’s SRC Trial: Day 44

July 24, Najib’s SRC Trial: Day 43 Vacated

July 23, Najib’s SRC Trial: Day 42

July 22, Najib’s SRC Trial: Day 41

July 18, Najib’s SRC Trial: Day 40

July 17, Najib’s SRC Trial: Day 39

July 16, Najib’s SRC Trial: Day 38

July 15, Najib’s SRC Trial: Day 37

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