DEBUNKED

Najib’s SRC Trial: Day 81

February 24, 2020

895

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Defence decides not to call handwriting expert after all.

9am: 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 are DPP V Sithambaram and other DPPs as well as members of the accused’s defence team.

9.20 am: Najib exits the High Court as it would be presiding over an LTTE-linked terrorism case against Seremban Jaya assemblyperson P Gunasekaran first, before the RM42 million SRC International trial.

Also seen in court is Attorney-General Tommy Thomas.

9.44am: Najib’s counsel Rahmat Hazlan informs the High Court that lead defence counsel Muhammad Shafee Abdullah will only be able to come to court at around 10.30am.

Razlan informs Justice Mohd Nazlan Mohd Ghazali that Shafee needed to go to a clinic.

Nazlan then allows proceedings to resume at around 10.30am.

10.20am: Najib is seen re-entering the High Court and taking a seat at the front row of the public gallery.

10.27am: Former attorney-general Apandi Ali is seen outside the Kuala Lumpur High Court where Najib is set to undergo his trial.

It is understood that Apandi had earlier received a subpoena to testify in the defence stage of Najib’s SRC trial.

10.30am: Najib enters the dock as proceedings begin.

Counsel Harvinderjit Singh begins submitting on the defence’s application to compel MACC assistant commissioner Mohd Nasharudin Amir to be interviewed by the defence before he (Nasharudin) can testify in the defence of Najib.

Nasharudin is among several witnesses that the defence intends to call during proceedings this week.

10.46am: Najib’s defence argues that Nasharudin needs to be interviewed by them first before the witness can testify for the defence.

Harvinderjit says that it is alright for Nasharudin not wishing to answer a specific question in the interview with the defence.

The lawyer argues that what is not right is for Nasharudin to completely refuse to sit down and be interviewed by the defence.

Nasharudin was an investigating officer in Najib’s RM2.28 billion 1MDB case.

10.53am: The prosecution submits that the subpoena only requires Nasharudin to come and testify in proceedings and not to be interviewed by the defence beforehand.

DPP V Sithambaram argues that the defence only has a right to subpoena the witness to come to court and testify, not include the right to compel the witness to be interviewed by them beforehand.

Sithambaram also argues that the witness is ready to testify based on what he knows about in relation to the RM42 million SRC case against Najib.

11.30am: Judge Nazlan allows a 15-minute break.

He says that when proceedings resume after break, he will deliver his decision on Najib’s defence team application to compel Nasharudin to be interviewed by the defence before he (Nasharudin) testifies in Najib’s defence.

12.09pm: Proceedings resume.

12.12pm: The High Court dismisses Najib’s application to compel a MACC IO to be interviewed by the defence before testifying.

Justice Nazlan rules that Najib’s right to a fair trial is not prejudiced as Nasharudin is under oath even when subpoenaed, among others.

12.14pm: The prosecution has no objection to Najib’s defence team application to obtain a 1MDB-linked audio recording of conversations purportedly involving Najib.

Sithambaram informs this to judge Nazlan.

Previously, the defence had sought for the audio recording which was played out to the media by MACC on Jan 8.

The audio recording purportedly showed Najib in conversation with several personalities in relation to the 1MDB case.

Sithambaram today informs the court that an investigating officer will make available the audio recording to Najib’s defence team by the end of the day.

The DPP adds the caveat that the prosecution while making available the audio recording to the defence, does not preclude their right to later raise objection on the issue of legal admissibility if the defence wishes to tender the audio as evidence.

Shafee says the defence will go through the recording to know who they will subpoena to appear in proceedings.

Shafee says that among possible figures that may be subpoenaed is MACC chief commissioner Latheefa Koya.

12.18pm: The prosecution informs the High Court that it agrees to hand over to Najib’s defence the MACC-recorded statements of SRC CEO Nik Faisal Ariff Kamil and Jho Low among other witnesses that could not be traced.

Sithambaram says this is in relation to the defence being interested in being allowed to see the statements before they (defence) could decide whether to tender them or not.

“The prosecution is agreeable to supply to the accused all statement of witness statements of witnesses not available (cannot be traced).

“Among them are Nik Faisal and Low Taek Jho (Jho Low). We wish to make the statements available.

“They can look at the statements. If they wish to tender any one of the statements, we can call the IO (investigating officer) for an expeditious trial and prevent any further applications that cause delay to the trial,” Sithambaram says.

“We are of the view that the defence ought to be entitled to these statements as these witnesses could not be made available and we could not make available,” Sithambaram says.

According to a copy of a letter from the Attorney-General’s Chambers to law firm Shafee & Co dated Feb 24, among the statements of untraceable witnesses that the defence had sought are Nik Faisal’s statement recorded by MACC on Oct 17, 2015 and Oct 31, 2015.

Other statements they sought are Jho Low’s statement recorded on Nov 27, 2015; Izzad Izzairi Fikri Rosman recorded July 27, 2015; Noriyah Ahmad on Sept 8, 2015; and Zainal Abidin Osman recorded on July 10, 2015, July 11, 2015, and Oct 22, 2015, among others.

12.22pm: Najib’s defence team will not be calling Australian handwriting expert Dr Steven Strach to testify over Najib’s disputed signatures on key SRC documents.

Sithambaram reveals this to Justice Nazlan.

On Jan 22, Nazlan allowed the defence’s application for Strach to fly in from Australia and inspect the authenticity of former prime minister Najib’s signatures on several crucial SRC documents.

“The defence is not calling the handwriting expert, this is in a letter, so the matter ends there,” Sithambaram informs the court.

According to a copy of a letter from law firm Messrs Shafee & Co to the Kuala Lumpur High Court deputy registrar, it is stated that “We will not be calling Dr Steven to testify”.

“As we have previously informed the court on Feb 17, 2020, an impasse has arisen relating to the terms of Dr Steven’s appointment and as a result, we are unable to proceed further with his appointment.

“To date, we have not been provided with any report or findings by Dr Steven from his examination conducted on Feb 11 and 12 2020, apart from his preliminary report,” the letter states.

12.33pm: Proceedings adjourn for the day, with no indication when or if Nasharudin will be called to testify on behalf of Najib’s defence.

Instead, at the end of proceedings today, Harvinderjit informs the court that the defence will be interviewing another potential witness, Putra Perdana Berhad’s executive chairperson Rasman Abdullah.

Putra Perdana Berhad is linked to Putra Perdana Construction, which is allegedly involved in the monetary transfers of RM42 million into Najib’s bank accounts.

Earlier reports:

Feb 17, Najib’s SRC Trial: Day 80

Feb 13, Najib’s SRC Trial: Day 79

Feb 13, Anifah Says Improper for Najib to Buy Channel Watch with Saudi Donation

Feb 11, Najib’s SRC Trial: Day 78

Feb 10, Najib’s SRC Trial: Day 77

Feb 10, Former Ambassador to Saudi Arabia: Najib, Not King Abdullah Told Me About Donation

Feb 5, Najib’s SRC Trial: Day 76

Feb 4, Najib’s SRC Trial: Day 75

Feb 3, Najib’s SRC Trial: Day 74

Jan 23, Najib’s SRC Trial: Day 73

Jan 23, Stumbling for Answers at SRC Trial, Najib Is Schooled on Court Proceedings