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Day 5: Witnesses detail payments for work on Najib's home

LIVE | The fifth day of former prime minister Najib Abdul Razak's criminal trial involving SRC International Sdn Bhd takes place at the High Court in  Kuala Lumpur.

Malaysiakini brings you live reports of the proceedings.


KEY HIGHLIGHTS

  • Court adjourns, hearing to resume Monday
  • Another witness says received RM56k for water tank
  • Witness says received RM100k for work on Najib's home
  • Judge overrules bid to disqualify witness
  • Tomorrow's proceedings postponed
  • Breakdown of cheques
  • Defence wants proof of cheques being issued from Ambank accounts
  • Ex-PM poses for selfies in court cafeteria
  • DPP asks witness if cheques cashed
  • Witness granted more time to produce evidence
  • Najib greets supporters, tells them his 'feet hurt'


End of Malaysiakini's live report for today.

7.51pm - Thank you for following our live report.

Reporting by Hidir Reduan and Anne Muhammad. Social media updates by Ewe Linq Yenn. Photographs by Lim Huey Teng.

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Court adjourns, hearing to resume Monday

5pm - Najib leaves the Kuala Lumpur Court Complex after today's proceedings. 

Some of his supporters escort him to his car. He does not take any questions from reporters, however. 

4.55pm - With tomorrow's proceedings postponed, Nazlan fixes for the hearing to resume at 9am on Monday.


Another witness says he received RM56k for water tank

4.40pm - The seventh prosecution witness Mohammad Zakariyya Zearat Khan, 35, who is involved in the plumbing and water tanks construction business, testifies that he received a cheque worth RM56,500 on Feb 24, 2015, for work on Najib's Langgak Duta home.

Zakariyya, whose company is Moz Malaysia Sdn Bhd, tells Saifuddin that he fixed a water supply problem at the residence. 

He says he did so by constructing 6,000-litre capacity tank to pump water to the home, which is located in a hilly area.


Witness says received RM100k for work on Najib's home

4.15pm - Zulkarnain, 46, the owner of a construction company, testifies that he received RM100,000 in February 2015 for work done at Najib's Langgak Duta residence.

Under examination from Saifuddin, the witness says the money was paid for work that began in late 2014.


Judge overrules bid to disqualify witness

4pm - Nazlan overrules a bid from the defence to disqualify the sixth prosecution witness, Zulqarnain Mohamad of ABS Trend Master Sdn Bhd, from testifying.

Nazlan rules that his testimony is admissible, despite Shafee arguing that it is not relevant to the charges against his client.

Earlier, Thomas had argued that Zulqarnain's testimony may show the ingredients of money laundering, in terms of receiving illegal proceeds. 


Tomorrow's proceedings postponed

2.30pm - The prosecution makes an oral application for tomorrow's proceedings to be postponed, as members of the prosecution need to attend a meeting on the separation of the office of the attorney-general and the public prosecutor.

Attorney-General Tommy Thomas (above) informs the judge that it is an important meeting that touches on the effect of such a separation on the various branches of the office of attorney-general and public prosecutor.

Shafee also makes a similar application, saying members of Najib's defence team also have urgent meetings to attend.

Nazlan allows both applications to postpone tomorrow's proceedings.

Harvinderjit stands up and remarks with a smile, "An excellent move by the public prosecutor for separation of the office of the attorney-general and public prosecutor.


Najib back in court

2.29pm - Najib arrives at the Kuala Lumpur Courts Complex after his lunch break, and is accompanied to the fifth-floor courtroom by several of his supporters.


Breakdown of cheques

1.50pm - The following is a breakdown of the 17 AmIslamic cheques tendered in today's proceedings by the prosecution, all of which were verified by Ambank's Badrul Hisham.

From account number 2022011906 (owner's identity not revealed thus far):

  • RM240,000 to Vital Spire Sdn Bhd, on Jan 30, 2015
  • RM2.5 million to Zulqarnain & Co, on Feb 2, 2015
  • RM300,000 to Centre for Strategic Engagement, Feb 8, 2015
  • RM238,914 to Lim Soon Peng, Feb 12, 2015
  • RM100,000 to ABS Trend master Sdn Bhd, on Feb 12, 2015
  • RM1 million to Upko, on Feb 13, 2015
  • RM400,000 to trustees of Rumah Penyayang Tun Abdul Razak, on Feb 12, 2015
  • RM1 million to Solar Shine Sdn Bhd, on Feb 17, 2015
  • RM50,000 to Padang Serai Umno chief Asmadi Abu Talib, on Feb 12, 2015
  • RM13,800 to Manisah Othman, on Feb 12, 2015
  • RM56,500 to MOZ Malaysia Sdn Bhd, on Feb 12, 2015
  • RM1 million to Penang Umno communications unit, on Feb 26, 2015
  • RM77,300 to Syadilah Enterprise, on Feb 24
  • RM300,000 to Johor Bahru Umno, on Feb 26, 2015

From account number 2022011898 (owner's identity not revealed thus far):

  • RM3.5 million to Law firm Hafarizam Wan & Aisha Mubarak, on Jan 21, 2015
From SRC International Sdn Bhd account:
  • RM20 million to Ihsan Perdana Sdn Bhd, on Dec 12 2014
  • RM103,351.17 to Ihsan Perdana Sdn Bhd, on March 9, 2015


Court breaks for lunch

1.02pm - Najib leaves for lunch, smiling to reporters and supporters as he exits the Kuala Lumpur Courts Complex, and gets into his trademark 'TN50' Proton Perdana.

He is expected back in court in an hour's time.


Defence wants proof of cheques being issued from Ambank accounts

12.10pm - During cross-examination by Najib's counsel Harvinderjit, Badrul Hisham is asked whether he can produce cheque images or other documents to confirm that the cheques originated from two Ambank accounts linked to the former premier.

Harvinderjit says that Badrul Hisham can either produce cheque images or a report confirming the transactions.

"We are asking (for the witness to produce the documentation), as these accounts are the subject of the charges (against Najib), and as we want to show that the cheques were cleared.

"I will be producing money trail charts, among others, during the course of the trial," the lawyer explains.

The judge then directs the witness to produce at a later date the documents sought by the defence.


Ex-PM poses for selfies in court cafeteria

11.15am - Najib grabs a quick meal from the court cafeteria during the short recess. 

Despite the slew of charges he is facing, Najib still proves a hit among some members of the public, who rush to take selfies with him.


DPP asks witness if cheques cashed

10.30am - Saifuddin also shows Badrul an AmIslamic cheque for RM20 million made out to Ihsan Perdana dated Dec 12, 2014.

The witness confirms the cheque has been cashed out.

Ihsan Perdana was the corporate social responsibility arm of SRC.

Other AmIslamic cheques that the witness confirms as having been cashed were made out to:

  • United Pasokmomogun Kadazandusun Murut Organisation (Upko) for RM1 million, dated Feb 13, 2015;
  • Ihsan Perdana for RM103,000, dated March 9, 2015;
  • Trustees of Rumah Penyayang Tun Abdul Razak for RM400,000, dated Feb 12, 2015;
  • Centre for Strategic Engagement Sdn Bhd for RM300,000, dated Feb 8, 2015;
  • Johor Bahru Umno for RM300,000, dated Feb 26, 2015; and 
  • Law firm Zulqarnain & Co for RM2.5 million, dated Feb 2 2015.

10.26am - Badrul Hisham is presented with an AmIslamic cheque for RM1 million to Badan Perhubungan Umno Pulau Pinang dated Feb 26, 2015.

He confirms that the cheque was cashed successfully.

Also cashed, according to the witness, was an RM3.5 million cheque dated Jan 21, 2015, made out to law firm Hafarizam Wan & Aisha Mubarak.

10.10am - DPP Saifuddin asks Badrul Hisham to confirm whether a series of cheques from Ambank and AmIslamic were cashed.

Among these is a cheque to Solar Shine Sdn Bhd for RM1 million, dated Feb 17, 2015. 


Witness granted more time to produce evidence

9.11am - DPP Suhaimi allows Farhan to be temporarily released to take more time to gather the evidence sought by the defence.

Meanwhile, fifth witness Badrul Hisham Mohamad, a senior manager at Ambank's cheque processing centre, takes the stand.


9.09am - Fourth prosecution witness Farhan enters the court and takes a seat at the witness stand as proceedings begin. He is expected to produce the items he seized from Ambank banker Yu on July 6, 2016.

Yesterday, Nazlan allowed the defence's application to compel Farhan to produce the items, which purportedly contain details of the conversation between Yu and fugitive businessperson Low, a key figure in the 1MDB scandal.


8.48am - Clad in a dark blue suit, Najib confers with his defence counsel Harvinderjit.

A short while later, his lead counsel Shafee (above) enters the court and takes a seat at the front with other members of the defence team.


Najib greets supporters, tells them his 'feet hurt'

8.45am - Najib arrives at the court complex in his familiar Proton Perdana bearing the TN50 number plate.

He greets a small group of supporters, before telling them that his feet hurt as he had been exercising the night before.


The criminal trial of former prime minister Najib Abdul Razak, involving the alleged misappropriation of funds from SRC International Sdn Bhd, enters its fifth day at the High Court in Kuala Lumpur.

Najib is being tried on three counts of criminal breach of trust under Section 409 of the Penal Code, three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFAPUAA) 2001, and one count of abuse of power under Section 23 of the MACC Act 2009.

Summary of Najib’s SRC RM42 million case

Najib is facing 7 charges relating to RM42m involving SRC International, a former 1MDB subsidiary.

  • 1 abuse of power charge
  • 3 criminal breach of trust (CBT) charges
  • 3 money laundering charges

If convicted, the Pekan MP can be sentenced up to 20 years' jail, whipping and fine for the CBT charges; 20 years' jail and a fine not less than five times the amount involved or RM10,000, whichever is higher, for the abuse of power charge; and 15 years' jail, and a fine up to RM15 million or five times the amount involved, whichever is higher, for the money laundering charges.

The trial, presided over by judge Mohd Nazlan Mohd Ghazali, kicks off today with the possible testimony of two new witnesses, including Affin Bank Berhad officer Nimma Safira Khalid.

During a Bank Negara raid on the Jalan Raja Chulan Affin Bank branch on July 6, 2015, Nimma handed over bank documents regarding SRC International subsidiary Ihsan Perdana Sdn Bhd to then-analyst of the central bank, Mohammad Nizam Yahya.

All eyes, however, are on whether the fourth prosecution witness, former Bank Negara investigation officer Ahmad Farhan Sharifuddin, being called back to the stand today.

Yesterday, the court allowed an application by the defence team to compel Farhan to produce evidence of an alleged conversation between fugitive Low Taek Jho and Ambank banker Joanna Yu Ging Ping.

The evidence – including a smartphone, emails, recordings and documents – is alleged to contain conversations between Low and Yu on the operation and transactions of Najib's account with Ambank.

In an earlier testimony, Farhan said that he seized the items from Yu when Bank Negara raided the Jalan Raja Chulan Ambank branch on July 6, 2015.

Nazlan had allowed Farhan time to gather the seized items in his safekeeping, so he may only be called back to the stand once the items can be produced in court for the defence to scrutinise.

The raids on both Ambank and Affin Bank came four days after the Wall Street Journal reported that investigators believed at least US$700 million had flowed into Najib's bank account.

Attorney-General Tommy Thomas leads the 13-person prosecution team, comprised of deputy public prosecutors Sulaiman Abdullah, V Sithambaram, Manoj Kurup, Ishak Mohd Yusoff, Donald Joseph Franklin, Suhaimi Ibrahim, Muhammad Saifuddin Hashim Musaimi, Sulaiman Kho Kheng Fuei, Budiman Lutfi Mohamed, Mohd Ashrof Adrin Kamarul, and Muhammad Izzat Fauzan.

Najib will be represented by a 13-person defence team led by veteran criminal lawyer Muhammad Shafee Abdullah.

Other members of the defence team are former solicitor-general II Mohd Yusof Zainal Abiden, Harvinderjit Singh, Kamarul Hisham Kamaruddin, Chong Loong Men, Devanandan S Subramaniam, Farhan Read, Wan Aizuddin Wan Mohammed, Rahmat Hazlan, Muhammad Farhan Shafee, Tiara Katrina Fuad, Nur Syahirah Hanapiah, and Zahria Eleena Redza.

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