The Malaysian Insight

NAJIB Razak returns today to stand trial over 1MDB after getting a week off due to conjunctivitis.

Lead defence lawyer, Muhammad Shafee Abdullah told Kuala Lumpur High Court judge Collin Lawrence Sequerah on Wednesday that Najib had contracted the eye disease due to the poor air quality.

The trial enters its 8th day with Najib’s former special officer, Amhari Effendi Nazaruddin,returning to the stand to be further cross-examined by Shafee.

The court heard last Tuesday that fugitive financier Low Taek Jho, better known as Jho Low, was a favourite of the former prime minister’s wife, Rosmah Mansor.

Amhari, the eighth prosecution witness, testified that Rosmah had invited Low to  her Jalan Duta private residence for exclusive parties that were attended by royalty and VVIPs.

The court also heard that Rosmah regularly spoke to Low on the phone when the Penang-born businessman was in meetings with Amhari.

The witness testified that Low tried to get government officials, including Najib, to say he had nothing to do with the 1MDB scandal after news of it broke in 2015.

Low allegedly told Najib’s then principal private secretary Azlin Alias and Amhari to include a statement of his non-involvement in a list of frequently asked questions (FAQs) on the state investor.

Najib is on trial for four counts of power abuse to enrich himself with RM2.3 billion from 1MDB and 21 counts of money-laundering.

The 66-year-old is represented by a dozen lawyers led by Shafee while Gopal Sri Ram, a former Federal Court judge, leads the prosecution.

The Malaysian Insight brings you today’s proceedings live:  

5.10pm: Court is adjourned. The trial continues at 9.30am tomorrow.

5pm: The annual report, which was released in September 2008, stated that UBG was interested in a joint venture with Mubadala to undertake oil and gas projects in Terengganu, Sarawak and Sabah.

Amhari says he was not aware of such a move by Low.

4.47pm: By May 2009, Terengganu MB Inc attempted to suspend bonds issuance by TIA, Shafee says, referring to the documents.

Shafee shows the court a document signed by then Terengganu MB Ahmad Said, who said a bond issuance was done without representation by Terengganu MB Inc.

Shafee suggests that Low had been eyeing a stake in Terengganu’s oil industry, pointing to an annual report by Utama Banking Group, which the Penang-born businessman partially owned.

4.14pm: Shafee refers to terms that TIA is owned by Terengganu MB Inc and that the government guarantee for Islamic medium-term notes must get Putrajaya’s approval.

He also refers to the issuance of the RM5 billion Islamic medium-term notes, undertaken by AmBank with the asistance of legal firm Shearn Delamore & Co.

3.08pm: Sequerah questions Shafee’s line of questioning centred on the documentation on TIA’s inception.

Shafee says the defence is trying to establish that TIA was not formed to serve Najib’s interests and that in fact TIA later become 1MDB due to some issues.

2.40pm: Shafee asks the witness to verify more documents, including a vision plan for TIA.

2.39pm: Court is in session. The witness returns to the stand.

Shafee asks Amhari to look at a TIA-related document dated May 4, 2009.

It is a letter from former TIA CEO Shahrul Ibrahim Halmi to Najib, in the latter’s capacity as finance minister.

1.09pm: Court is adjourned for lunch.

12.45pm: Shafee suggests that Jho Low was there at the meetings to mechanise TIA. 

Amhari: Jho Low was there to facilitate the happenings of TIA. 

Shafee: You’re using vague words.

Amhari agrees Low was there to facilitate TIA operations.

12.44pm: Shafee says that subsequent to the meeting, someone asked who was Jho Low and what was his involvement. 

Amhari says he didn’t know that.

12.43pm: Shafee asks the witness why was Low invited to TIA meetings. 

Amhari says he doesn’t know.

Shafee: You don’t know who invited him? You didn’t ask? 

Amhari: I don’t know, I didn’t ask.

12.32pm: Shafee says the memo wasn’t presented by Najib in a personal capacity but in his capacity as finance minister. 

Amhari agrees.

Shafee: Najib didn’t suggest anything else at the meeting. He only suggested what the ministry recommended. 

Amhari: Based on the document, yes.

12.28pm: Shafee refers to cabinet meeting minutes dated April 1, 2009, days before Najib takes over office of prime minister from Abdullah Ahmad Badawi.

The two were present at the day’s meeting as PM and deputy PM.

12.28pm: Shafee refers to cabinet meeting minutes dated April 1, 2009 days before Najib takes over office of prime minister from Abdullah Ahmad Badawi.

The two were present at the day’s meeting as PM and deputy PM. 

Najib, who was also finance minister at the time, brought a memorandum in which TIA sought government backing of RM5 billion and RM6 billion to be pegged to oil royalties.

12.25pm: Shafee asks who suggested that AmInvestment bank be given the TIA account.

Amhari says he does not know: 

Shafee: I’m putting it to you that Jho Low had suggested AmBank because of his relationship with them. 

Amhari: I don’t know.

12.07pm: Shafee asks if Amhari recalls the TIA proposal presented to the cabinet. 

Amhari says he cannot.  

Shafee: You seem to be forgetting a lot of things. 

Amhari: But this was in 2009. 

Shafee: But there are some things that people can remember and some things they can’t. But you can’t remember anything. I’m trying to find out if you really don’t remember.

12.04pm: Shafee continues cross-examination of witness.

Amhari recalls proposals from Goldman Sachs and JP Morgan to raise bonds for TIA. Shafee asks if these banks were suggested by Low.

Amhari says he doesn’t remember.

12.03pm: Court resumes after 90 minutes.

Justice Sequerah enters chambers. Shafee apologises for taking a long time to go through TIA’s documents.

10.33am: Shafee asks for time out to verify documents that are to be submitted as evidence.

10.29am: Amhari says that he knew Jho Low was involved in TIA during its infancy. 

He says he was under the impression TIA was “Najib’s baby” instead of the then Agong’s.

10.11am: Shafee tells the witness that the then sultan of Terengganu who was the then Yang Di-Pertuan Agong had agreed to and was fully behind the establishment of Terengganu Investment Authorities (TIA). 

Shafee reads out the minutes of a cabinet meeting where Najib tabled the proposal in a white paper .

The witness agrees with Shafee that the then Agong was behind the formation of TIA. The board was also to be chosen by the Agong.

10.03am: Cross examination begins.

9.55am: Prosecution witness Amhari is on the stand for cross-examination by Shafee.

Prosecutor Gopal Sri Ram tells judge Sequerah he will call several witnesses for the purpose of identification. Shafee apologises for being late.

9.52am: Court is in session with all parties present.

Najib is seated in the dock. – September 17, 2019.