The Malaysian Insight

NAJIB Razak testified at the High Court today that he failed to report to police that his signature had been faked on SRC International-linked documents because he wished to first obtain affirmation from a handwriting expert.

During cross-examination this morning, the former prime minister maintained that the documents in question, including those related to his AmBank bank accounts, were “manipulated and forged”.

Questioned by ad hoc prosecutor V. Sithambaram, a seasoned criminal lawyer, on why no police report was lodged on the allegedly forged signatures, Najib told the court that he had only grown suspicious during his trial over SRC International funds.

The two also sparred over the Najib’s testimony that his signature was forged, which had required the defence to call in an Australian handwriting expert for verification.

The documents included the Finance Ministry directors’ circular resolution and banking transactions.

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

Najib: I only knew of the possibility (of forgery) when the trial was proceeding when I came across the documents where the signatures were most likely forged.

Sithambaram: That is not my question. Did you lodge a police report?

Najib: I wanted to be very sure.

Sithambaram: Are you sure that they are forged or not, as you testified today?

Najib: I am pretty sure. That is why I decided to call in an expert to examine them.

Sithambaram: I would like to believe that I am a rational person, so I find it very curious that when you see a document bearing your signature, you need somebody else to tell you whether it is false or not.

Najib: I disagree.

Sithambaram: Do you agree, as prime minister or finance minister or representative of MKD (Minister of Finance Inc), those signatures are important signatures because you signed in those capacities?

Najib: If I sign, then it must be important.

Sithambaram: Yet your doubt as to whether you signed those documents only appeared during the course of this trial, and not before.

Najib: That was because I was not shown the original.

Sithambaram suggested that Najib’s claim that his signature on the documents was forged was an “afterthought” and had only surfaced during the defence stage of the trial, which the Pekan MP denied.

Sithambaram: I would not be exaggerating to say that your signature was the basis of the administration of this country.

Najib: I presume so.

Sithambaram: The law cannot presume, it must come from you, yes or no.

Najib: Then yes.

Sithambaram: You agree with me, I put it to you that you will not sign a document unless it is a genuine document.

Najib: If it is tabled to me, normally I would sign.

The prosecutor pointed out that Najib’s lawsuit against AmBank came about after more than four years, along with his forgery claim, which he had required a handwriting expert to confirm.

Sithambaram: How can an expert come and verify your own signature? An expert will come and say anything you want.

Even if you are not shown the original document, you should be able to say it’s your signature or not. When you were shown the documents at MACC (when Najib was questioned by the Malaysian Anti-Corruption Commission in 2018), did you confirm whether or not they were yours?

Najib: I thought it was my signature.

Sithambaram: Now it’s not, or you cannot confirm? I don’t know what is it that you are saying.

Najib: I’m not sure.

Sithambaram later questioned Najib on the mandate holder of his bank accounts, former SRC International CEO Nik Faisal Ariff Kamil, who has since gone missing.

The prosecutor asked Najib if the latter was responsible for his banking transactions

Najib: I have delegated (the responsibility to others). If they do something wrong, how can I be responsible?

Sithambaram: No, no, are you personally responsible for your bank accounts? I want to know whether you are personally responsible.

Najib: I cannot be responsible if there is something wrong.

Sithambaram: I want to hear loud and clear, ‘I am not responsible for my banking transactions’.

Najib: If they did something that is not right, then I can’t be responsible. There are things that they did that I was not aware of.

Sithambaram: You agreed when you gave the mandate, you agreed…

Najib: I cannot be held responsible if he does something wrong.

Sithambaram: I put it to you that it is impossible for a forged document to be used to transfer these funds without your knowledge.

Najib: I disagree.

Sithambaram: Millions have been spent from your account and you have spent millions. How can you not know?

Najib: I assumed it was money from a donation and I was not aware of the forgery.

Sithambaram: Well, we say that is a cover.

Najib: I disagree.

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

The 66-year-old is represented by a team of lawyers led by Muhammad Shafee Abdullah. The prosecution is led by Attorney-General Tommy Thomas.

The hearing continues before judge Mohd Nazlan Mohd Ghazali. – December 18, 2019.