The Malaysian Insight

FORMER prime minister Najib Razak will be cross-examined today by ad hoc deputy public prosecutor V. Sithambaram on the fifth day of the defence stage in the SRC International trial.

Sithambaram, a seasoned criminal lawyer, will go through Najib’s 243-page witness statement, questioning him about the seven charges he faces – abuse of power, three counts of money laundering and three for criminal breach of trust.

Sithambaram had requested for a trial postponement last Wednesday, saying he needed more time to go through Najib’s statement.

Najib’s charges in the SRC International trial are linked to RM4 billion in loans issued to the entity in 2011 and 2012, for which he is accused of receiving RM42 million in 2014 and 2015.

Last Wednesday, Najib was locked in a heated exchange with Attorney-General Tommy Thomas during cross-examination.

Thomas had suggested that Najib did not direct then second finance minister Ahmad Husni Hanadzlah to go to Switzerland, to prevent a cover-up from being discovered.

Najib denied this and that he did little to discover what happened to SRC International’s RM4 billion in loans.

Najib had testified he was involved only in the SRC International’s policy direction and was not fully aware of its operations.

He added that he did not have the power to influence the board and management of Retirement Fund Inc (KWAP), which issued the RM4 billion in loans.

Hearing in the defence stage is scheduled until tomorrow, before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.

The Malaysian Insight brings you today’s proceedings live:

4.52pm: Court adjourns till tomorrow.

4.36pm: Sithambaram refers Najib to a few exhibits (P501, D534 and D535). Asks if he had admitted to signing them when they were first shown to him by MACC.

Sithambaram : In your additional written statement, you have confirmed that you’ve seen them all and you signed (them). So, when MACC took the statement, did you confirm to them that you signed (them)?

Najib: I did because at that time, it looked like my signature. 

Sithambaram: So now, slowly, it’s not looking like your signature, right?

Sithambaram then proceeds to question Najib on director circular resolutions

4.19pm: Sithambaram goes through the documents on SRC International’s RM4 billion loan from KWAP.

3.38pm: Sithambaram asks Najib if he was aware that RM40 million was taken from SRC International. 

Sithambaram: You’re such a big person at SRC International. That is why I’m asking you.

Najib: I wasn’t involved in operational matters. I was busy managing the country. Would you take that for an answer?

Sithambaram: I wish not to answer that. My answer will not be that flattering.

3.34pm: Sithambaram: Datuk Seri, from the time, RM27 million and RM5 million came to your account, you are quite content that you have used it.

Najib: I used it but I didn’t know the source of fund.

Sithambaram: You telling that you didn’t know the source of fund is not true.

Najib: I disagree.

3.23pm: Sithambaram asks Najib about the RM40 million transferred from SRC International.

Sithambaram: On December 24, 2014, RM40 million from SRC International via Gandingan Mentari Sdn Bhd was transferred to Ihsan Perdana Sdn Bhd.

From the RM40 million in Ihsan Perdana, RM27 million was transferred to your ‘880’ account and RM5 million was transferred to your ‘906’ account on December 26, 2014.

Do you know about these transactions?

Najib: I heard when it was read in court.

3.15pm: Sithambaran asks Najib about the letter he sent to AmIslamic on December 24, 2014.

Sithambaram: Is this your signature in the letter?

Najib: Looks like it.

Sithambaram: When this letter was shown to you by MACC, you agreed that you signed it. Now you say this is a forged letter.

Najib: Yes but I didn’t know the significance of it.

3.05pm: Sithambaram questions Najib on his other accounts ‘694’ and ‘481’.

Sithambaram asks Najib if he had instructed the bank to close both accounts.

Najib: I can’t recollect.

Sithambaram: If you don’t recollect instructing the bank to close the account, then they have no authority to close it.

Datuk Seri, the letter had been written by yourself to close the account. The bank can only close the account under your instruction.

Najib: Yes. Agreed.

Sithambaram: Is that your signature on the letter?

Najib: Looks like my signature.

Sithambaram: When you were shown this document by MACC, you admitted it was indeed your signature.

Najib: I wasn’t shown the original document.

Sithambaram: So, you are saying that you’re unable to confirm if any documents bearing your signature is a photocopy?

Najib: Generally.

2.52pm: Court is in session.

Sithambaram continues his cross-examination.

12.58pm: Court is in recess.

12.56pm: Referring to transactions in his accounts, Najib said the bank didn’t inform him.

Sithambaram tells Najib he has given mandate to Nik Faisal to handle his account.

Najib says he didn’t know about the transactions.

Sithambaram: Millions were missing from your account, how did you not know about it?

Millions were spent.

Najib: I didn’t know about it.

12.43pm: Sithambaram is now going through various bank transactions involving three AmBank accounts (880, 898, 906).

12.40pm: Sithambaram goes through some of the transactions in Najib’s Ambank account.

He shows Najib the ‘880’ bank statement.

Sithambaram confirms with Najib if the statement belongs to his account. Najib confirms.

Sithambaram says on July 8, 2014, there was a transfer instruction from Nik Faisal to debit RM20 million from the ‘880’ account.

 Sithambaram says out of the RM20 million, RM10 million was transferred to account ‘906’ on the same date. 

Sithambaram shows Najib the ‘906’ bank statement. Najib confirms it belongs to him.

Sithambaram says the other RM10 million was transferred to Najib’s ‘898’ account on July 8, 2014.

Sithambaram then says after the RM10 million was credited to the account, Najib had used the funds to issue various cheques. Najib agrees.

Sithambaram: So, without the RM10 million, you cannot issue the cheques?

Najib: If I issue, then surely the cheques will bounce.

12.31pm: Najib says expert can confirm his signature.

Sithambaram: Only now you disagree that it is your signature?

Najib: Yes. This is to verify if there have been forgeries.

Sithambaram: The signatory cannot confirm but the expert can, correct?

Najib: Yes.

Sithambaram: I put it to you that only you can verify these signatures.

Najib: No. Not true.

12.11pm: Court is in session.

11.53am: Court takes a 10-minute break.

11.45am: Najib keeps saying that documents were forged, to which Sithambaram asks him to show those forged documents.

Sithambaram: Which are the documents that are forged?

Najib: You have to show me the documents.

Sithambaram: Do you mean all the minutes of shareholders? So, you are saying that all those documents are forged?

Najib: We want the expert to confirm.

Sithambaram: Why must an expert confirm them? Can’t you even confirm your own signature?

Najib reiterates that an expert must confirm them.

After a short silence, Sithambaram proceeds with the next question.

11.33am: Najib confirms that his cheque books and bank statements from AmBank would not be posted but hand collected by former SRC International CEO Nik Faisal Ariff Kamil.

11.25am: Defence counsel Harvinderjit Singh argues the line of questions posed by Sithambaram to Najib.

Sithambaram says Harvinderjit likes to make an impression each time he is in court.

“You came late, so you want to make an impression,” says Sithambaram.

Sithambaram says he has gone through the questions with Najib in a very polite manner.

Sithambaram also advises Harvinderjit to come early to court.

“Next time, come early.”

11.20am: Sithambaran shows Najib some documents related to his AmBank accounts and confirming the signatures on them.

11.12am: Sithambaram: Based on this, when the photocopy document was shown by MACC (Malaysian Anti-Corruption Commission), you confirmed to them that the documents was signed by you?

Najib: I had my doubts.

Sithambaram: You kept your doubts to yourself?

Najib: I was not sure at that time.

Sitham: Did you ask for the original to be shown?

Najib: No.

11.09am: Sithambaram: You are in court now objecting to the documents on various basis?

Najib: Yes.

Sithambaram: You say the original is not produced, which you knew at the time the statement was taken.

Najib: I knew it was not original but didn’t know the significance of it.

11.01am: Najib says he only had his doubts that the documents were forged when the prosecution witnesses were being examined.

10.59am: Referring to the documents that Najib is disputing, Sithambaram says it is only now that they are being challenged for forgery.

Sithambaram: This is only being challanged now. Before this, your lawyers only said the documents were not original, the maker (Najib) was not called and there are no evidence of execution. There was nothing on forgery.

Najib: I have to consult my lawyers.

10.55am: Sithambaram: Datuk Seri, facing a serious charge, a person in your position, did you send the documents at that time to the handwriting expert to confirm your signature?

Najib: At that time, no.

10.45am: Sithambaram: I think attempts to call the Australian expert is to booster the untruthful evidence or forgery.

Najib: No.

10.43am: Sithambaram: Those doubts of your signature being forged only appeared in court?

Najib: Yes. Because I wasn’t shown original documents.

Sithambaram: So, you agree with me that you were shown a photocopy when the statement was taken. That time you couldn’t identify?

Najib: At that that time, the signature was as if it was mine.

10.40am: Sithambaram: I find it very curious. You cannot see that it is forged but you want somebody else to point it out to you. Very curious.

10.38am: Sithambaram: When you found out your signature was forged, would you lodge a police report?

Najib: I only got to know that my signature is forged when the documents were shown to me in court.

Sithambaram: Unfortunately that is not my question. If you find out that your signature is forged, will you make a police report?

Najib: That is why we want to call the Australian expert to confirm. So, when it is confirmed, then we will proceed to make a police report.

Sithambaram: So, you are still not sure if your signature is forged?

Najib: I want to be very sure.

10.32am: Sithambaram: So, you accept full responsibility for the answers given in the statement?

Najib: I have signed it.

Sithambaram: I know you signed it but do you accept the responsibilities for the statement?

After a long silence and flipping over the papers, Najib agrees.

10.30am: Sithambaram: Were all the answers in the statement yours or given input by the lawyers?

Najib: Answers are mine but I discussed them with my lawyers.

10.29am: Sithambaram: How long did it take to prepare the statement?

Najib: It took a long time because we have other cases like 1MDB. So, we did it during intervals and sometimes at night. So, roughly three weeks.

10.25am: Sithambaram: How many lawyers took your statement?

Najib: Three to four.

Sithambaram: Can you name them?

Najib: Harvinderjit, Farhan, Wan Aizuddin and at times, Tan Sri Shafee.

10.21am: Sithambaram asks Najib if he was shown all documents related to the case.

Najib says not all documents were shown to him but lawyers referred to the contents of the documents.

10.19am: Sithambaram asks Najib how his witness statement was prepared.

Najib says his lawyers asked him questions and he answered them.

10.12am: Najib takes the stand.

Sithambaram tells him the questions will be in English.

10.05am: Defence lead counsel Muhammad Shafee Abdullah requests for a five-minute break before continuing with SRC International case.

Request is granted.

9.56am: Lawyers for the Ipic trial have requested for trial dates to be vacated to ensure SRC International case is prioritised.

9.55am: Court is in session. – December 18, 2019.