Najib’s SRC Trial: Day 89

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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.

Ahmad Zamzahuri

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.

The Edge Markets

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.

Ahmad Zamzahuri

“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