MACC had initially recommended that Najib be charged for criminal misappropriation, but eventually, Apandi made the decision to NFA (no further action) on the IPs involving Najib.
9.45am: Former prime minister Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery to await the beginning of the RM42 million SRC International trial.
10am: Najib enters the dock as proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali begins.
10.04am: Najib’s former principal private secretary Shukry Mohd Salleh enters the witness stand to begin testifying for the defence.
10.16am: Najib had directed Shukry to get his (Najib) bank statement of account from then DPP Dzulkifli Ahmad on Feb 26, 2016, the High Court hears.
Defence witness Shukry says this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah.
Earlier, Shukry testified that he became Najib’s principal private secretary from April 16, 2015, until Sept 30, 2016.
Shafee: Do you remember on Feb 26, 2016, whether Tan Sri (Shukry) was given any directive from then prime minister Najib?
Shukry: Yes.
Shafee: What was the directive?
Shukry: At that time, I was directed to get Datuk Seri Najib’s statement of account from Datuk Dzulkifli.
Shafee: So, you then contacted Datuk Dzul?
Shukry: Yes.
Shukry then confirms that Dzulkifli is the same as Dzulkifli Ahmad, who was then DPP from Attorney-General’s Chambers and later became MACC chief commissioner.
When Shafee asks whether Shukry then followed up with Dzulkifli on the outcome of the request, the witness replies that he then got caught up with other matters and does not remember the said outcome.
Shafee then wraps up his very brief examination-in-chief of Shukry.
DPP V Sithambaram then informs the High Court that the prosecution needs time to prepare for cross-examination.
Justice Nazlan then allows proceedings to go for a brief break.
11am: Proceedings resume.
11.04am: Najib was seen holding a 1MDB-linked monetary flow chart similar to the one revealed by then attorney-general Apandi Ali, the High Court hears.
Shukry testifies this during cross-examination by Sithambaram.
Sithambaram is asking Shukry whether the witness knows which account that Najib was referring to when he (Najib) asked Shukry to get his (Najib) statement of account from then DPP Dzulkifli Ahmad on Feb 26, 2016.
Sithambaram: You do not know which accounts that Datuk Seri (Najib) ordered (you) to obtain from Dzul (Dzulkifli)?
Shukry: At that time, Najib was holding a financial flow chart that I think was similar to the one shown by the Attorney-General’s media release at that time.
On Jan 26, 2016, Apandi had absolved Najib of wrongdoing in both the RM2.6 billion donation issue and the RM42 million of SRC funds, where the monies were found to have flowed into Najib’s personal accounts.
During that press conference on Jan 26, Apandi held up several monetary flow charts of billions and millions of ringgit that went into Najib’s accounts.
Shukry also tells Sithambaram that he remembers the date of Feb 26, 2016, as the time Najib directed him to call Dzulkifli to get the statement of account on Najib’s account, as he (Shukry) still has the telephone bill for the call to Dzulkifli.
11.07am: Shukry is released from the witness stand.
Court then adjourns and will resume after lunch.
2.38pm: Proceedings resume.
2.39pm: Former MACC chief commissioner Dzulkifli Ahmad takes the witness stand on behalf of Najib’s defence.
3.41pm: Dzulkifli testifies that the MACC initially recommended for Najib to be charged for criminal misappropriation.
He says this during examination-in-chief by Shafee.
Dzulkifli is referring to the MACC’s initial findings in the RM2.6 billion and the RM42 million SRC investigation papers (IPs) that was given to then attorney-general Apandi Ali in early Jan 2016.
“As far as I remember, the MACC proposed to charge Najib under section 403 of the Penal Code for criminal misappropriation,” Dzulkifli says.
He also says that the MACC alternatively recommended that Najib be charged under section 23 of the MACC Act.
On Jan 26, Apandi absolved Najib of wrongdoing in the RM2.6 billion donation issue and the RM42 million SRC issue, where the monies flowed into Najib’s personal accounts.
3.44pm: Dzulkifli testifies that the MACC failed to show that Najib had knowledge of or given orders for the RM42 million that flowed into his personal accounts.
He says this in relation to Apandi’s decision on Jan 26, 2016, to absolve Najib of both the RM2.6 billion donation issue and the RM42 million of SRC issue.
Dzulkifli said that despite MACC having given the investigation papers (IP) to the AG twice, both times the MACC failed to show that Najib had knowledge that the RM42 million was from SRC.
He says that MACC also failed to show that Najib had given any orders for the RM42 million be transferred into his personal accounts.
Earlier, Dzulkifli testified that MACC had initially recommended that Najib be charged for criminal misappropriation, which then led to Apandi sending the IPs back to MACC for further investigation.
The MACC later came back with the IPs, to which Apandi later on Jan 26, 2016, made the decision to NFA (no further action) on the IPs involving Najib.
3.52pm: Before the MACC made the suggestion on Dec 31, 2015, to charge Najib, they had already issued statements confirming the RM2.6 billion into his account was a donation, the High Court hears.
Dzulkifli testifies that he was shocked by the MACC’s suggestion in the investigation papers (IP) on the RM2.6 billion donation issue and the RM42 million SRC issue.
He says this is because the MACC had earlier issued statements in August 2015 that confirms the money that went into Najib’s account was a donation from Saudi Arabia.
“For me, the donation issue was already settled after I looked at the IPs.
“Najib’s defence from my knowledge, is that the monies came from Arab donation,” Dzulkifli says.
4.12pm: Dzulkifli testifies that Najib cannot be charged unless his statement has been recorded beforehand.
He says that Najib also cannot be charged first without the statements of key witnesses like SRC’s CEO Nik Faisal Ariff Kamil being recorded first.
Dzulkifli is answering Shafee’s question on then MACC chief commissioner Abu Kassim Mohamed, who in July 2015 suggested to the 1MDB task force for Najib to be charged.
“For any case, this cannot be done, because the statements are very important for proving the core of the offences. If there are no statements, then how to charge?” Dzulkifli says.
He also confirms that prior to Abu Kassim making the proposal to charge Najib in July 2015, not only that the MACC had not recorded a statement from him (Najib), but it also had not recorded a statement from key witnesses like Nik Faisal.
4.16pm: Dzulkifli testifies that he handed to Najib the latter’s bank statement in 2016.
He confirms this during examination-in-chief by Shafee.
Shafee is asking Dzulkifli to confirm whether Shukry had contacted him (Dzulkifli).
Dzulkifli tells the court that Shukry did contact him with the request.
Dzulkifli: He (Shukry) said that the prime minister needed his bank statement. At that time, the case has been closed. As the request was on the prime minister’s (Najib’s) own bank statement, therefore, I handed it over (to Najib).
4.20pm: The prosecution is set to cross-examine Dzulkifli Ahmad in tomorrow’s proceedings.
Sithambaram indicates this to Nazlan at the end of proceedings this afternoon.
Nazlan then allows proceedings to adjourn for today and to resume tomorrow morning.
Earlier reports:
Mar 9, Najib’s SRC Trial: Day 88
Mar 9, Latheefa and Shafee Visibly Upset with Each Other
Mar 9, Apandi Stands by 2016 Statements Clearing Najib of Wrongdoing
Mar 5, Najib’s SRC Trial: Day 87
Mar 4, Najib’s SRC Trial: Day 86
Mar 3, Najib’s SRC Trial: Day 85
Mar 2, Najib’s SRC Trial: Day 84
Feb 27, Najib’s SRC Trial: Day 83
Feb 26, Najib’s SRC Trial: Day 82
Feb 24, Najib’s SRC Trial: Day 81
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
Jan 22, Najib’s SRC Trial: Day 72
Jan 22, Court Allows Najib to Call Expert to Verify Signatures
Jan 21, Najib’s SRC Trial: Day 71
Jan 20, Najib’s SRC Trial: Day 70
Jan 9, Najib’s SRC Trial: Day 69
Jan 8, Najib’s SRC Trial: Day 68
Jan 7, Najib’s SRC Trial: Day 67
Jan 6, Najib’s SRC Trial: Day 66
Jan 6, Prosecution’s Application to Impeach Najib Dismissed, Judge Ruled No Contradictions Given
Dec 20, Najib’s SRC Trial: Day 65
Dec 18, Najib’s SRC Trial: Day 64
Dec 18, Najib’s Defence Like Infamous VK Lingam’s Looks Like Me, Sounds Like Me, but Not Me
Dec 12, Najib’s SRC Trial: Day 63
Dec 10, Najib’s SRC Trial: Day 62
Dec 10, Najib’s SRC Trial: Day 61
Dec 9, RM500K Birthday Watch for Rosmah, RM3.3M Jewellery Gift for Ex-Qatar PM’s Wife
Dec 5, Najib’s SRC Trial: Day 60
Dec 3, Najb’s SRC Trial: Day 59
Dec 3, Najib’s Day in Court
Aug 27, Najib’s SRC Trial: Day 58
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