DEBUNKED

Najib’s SRC Trial: Day 65

December 20, 2019

1359

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Najib claims that he sensed there was enough money in his AmBank accounts before issuing checks worth millions of ringgit.

9.37am: Former prime minister Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery.

Also seen in court waiting for proceedings to begin is DPP V Sithambaram, who is expected to resume cross-examination of the accused.

9.38am: The Kuala Lumpur High Court allows proceedings to end around lunchtime today.

This follows a related application from Sithambaram, who informs the court that he has a fever since last night and is not feeling well enough to conduct cross-examination for the whole day.

Najib’s lead defence counsel Muhammad Shafee Abdullah raises no objection to the matter.

9.50am: Najib enters the witness stand as proceedings begin.

9.57am: Sithambaram asks Najib to confirm that he signed a shareholders’ minutes dated April 23, 2012.

Sithambaram, referring to Najib’s witness statement, asks him to confirm that he had never signed any shareholder minutes apart from this one.

Najib agrees.

10.08am: Sithambaram and Najib spar over the latter’s allegedly different responses to whether he signed the Minister of Finance Inc (MKD) minutes on allowing an amendment to 1MDB’s memorandum and articles of association (M&A).

The DPP is confronting the accused over his apparent conflicting answers in his written Witness Statement and that given while under cross-examination by Attorney-General Tommy Thomas.

In Najib’s written statement, he said that he could not be sure whether he signed the amendment into 1MDB’s M&A due to the strangeness of the corporate documents.

However, during cross-examination by Thomas, Najib answered that the signature was his.

The amendment is to insert Article 117, which invests great power on Najib in relation to 1MDB’s board decision-making.

Sithambaram: After cross-examination by the A-G (Thomas) on P510 (exhibit on MKD minutes on passing of Article 117), you confirmed that it was your signature.

Najib: Yes, but that is subject to seeing the original document.

Sithambaram: You did not qualify your answer back then (during questioning by Thomas).

10.24am: Sithambaram asks Najib why Article 117 was added to SRC’s company constitution.

Sithambaram: I’m trying to understand, if from inception you have appointed a board that never done anything you required, why on earth ask for this power?

If I heard you correctly, even after this amendment was passed, they still did not refer anything to you, is that correct?

Najib: I disagree.

I’m not the only person running SRC International. You are saying, I’m running it as my own fiefdom, which I didn’t.

Sithambaram: I’m putting it to you that you are the only person.

Sithambaram: In fact, looking at your account, you issued hundreds of cheques for your various causes.

Najib says he only received statements of account.

Sithambaram: In short you agree with me, apart from the Arab donations, you cannot tell the date or the month or the year it was received?

Najib: Yes.

Sithambaram: Apart from the Arab donations, you are not aware of any other money paid into your account?

Najib: Yes.

Sithambaram: So, each time you issued a cheque, you actually won’t know if it could bounce because you don’t know the balance?

Najib: Yes.

Sithambaram: So you would check with Nik Faisal (former SRC CEO Nik Faisal Ariff Kamil)?

Najib: No, but I check with Azlin (late principal private secretary Azlin Alias).

Azlin would confirm. I believe he consulted Nik Faisal.

Sithambaram: So, your case you asked Azlin for the balance, he would have to go check with Nik Faisal?

Najib: Yes.

Najib says he only checks once in a while.

“I have a sense there was enough balance.”

Najib says he never asked for the specific balance.

Sithambaram: You ask for an issuance of cheque. Don’t you find it strange that the bank doesn’t tell you the balance? You have a sense that you have the money and not precisely how much money?

I am putting to you that you knew the money that is coming in and going out. You know the balance.

Najib: I disagree.

Sithambaram: You are managing the country, you are the finance minister and you say you issue cheques with “a sense” (of the balance)?

Najib: There was substantial money in the account.

Sithambaram: Your sense cannot be correct. Now we are here…your case, you state it was Arab funds. But we know the money was used up by September or October (2014).

I am putting it to you that you fully took charge of your finances and your accounts.

Najib: I disagree.

Sithambaram: You are a careful man with government funds?

Najib: Yes, I am careful.

Sithambaram: Personal funds.

Najib: I don’t pay too much attention.

Sithambaram: I don’t mean to be disrespectful. When I read that the police carried out some sort of raid a year ago, you complained that some chocolates were missing from your fridge. You were that precise?

Najib: My daughter complained.

Sithambaram: You gave a press conference on that?

Najib: It was not my chocolate.

Sithambaram: I find it difficult that (being) prime minister and finance minister, (you are) quite clueless (about your) accounts and went about with just a “sense”.

Najib: Even for my personal accounts…I just sign cheques.

Sithambaram: Unfortunately, the person you checked with, Datuk Azlin and Nik Faisal, it’s “no more”.

You have complete knowledge of the credit, debit transactions in your account and you knew the RM42 million was indeed credited into your account.

Najib: I disagree.

Sithambaram: Your evidence of having no knowledge in your account is patently false.

Najib: I disagree.

10.56am: Court is in recess.

11.25am: Court is in session.

Sithambaram says he is feeling unwell and requests that the trial be adjourned to next year.

Shafee does not object.

Nazlan allows the request and rules that the trial will resume on 9am, January 6.

11.28am: Court is adjourned.