Najib SRC trial: Najib’s defence will not be calling Australian handwriting expert to testify
LIVE DAY 81 | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 81 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings...
LIVE DAY 81 | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 81 today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- MACC IO need to be interviewed before he testifies, court hears
- Subpoena only requires MACC IO to come and testify in proceedings
- Court dismisses defence bid to interview MACC IO before testimony
- Prosecution no objection to handing audio recording to Najib's defence
- Prosecution to submit MACC statements of Nik Faisal and Jho Low to Najib’s defence
- Najib’s defence will not be calling Australian handwriting expert to testify
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Reporting by Hidir Reduan Abdul Rashid. Photographs by Mukhriz Hazim. Social media updates by Ewe Linq Yenn.
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Proceedings adjourn for the day
12.33pm - Proceedings adjourn for the day, with no indication when or if MACC assistant commissioner Mohd Nasharudin Amir will be called to testify on behalf of Najib's defence.
High Court judge Mohd Nazlan Mohd Ghazali allowing adjournment for the day, without any indication from lead defence counsel Muhammad Shafee Abdullah or the defence team if they would still proceed with calling Nasharudin, who was an investigating officer in Najib's RM2.28 billion 1MDB case.
Earlier today, Nazlan had rejected the defence team's application to compel Nasharudin to be interviewed by them before he takes the witness stand.
Instead, at the end of proceedings today, defence counsel Harvinderjit Singh informs the court that the defence will be interviewing another potential witness, Putra Perdana Berhad's executive chairperson Rasman Abdullah.
Putra Perdana Berhad is linked to Putra Perdana Construction, which is allegedly involved in the monetary transfers of RM42 million into Najib's bank accounts.
Najib’s defence will not be calling Australian handwriting expert to testify
12.22pm - Najib Abdul Razak’s defence team will not be calling Australian handwriting expert Dr Steven Strach to testify over the accused’s disputed signatures on key SRC International documents, the High Court hears.
DPP V Sithambaram reveals this to Justice Mohd Nazlan Mohd Ghazali as lead defence counsel Muhammad Shafee Abdullah looks on in proceedings.
On Jan 22, Nazlan allowed the defence’s application for Strach to fly in from Australia and inspect the authenticity of former prime minister Najib’s signatures on several crucial SRC documents.
“The defence is not calling the handwriting expert, this is in a letter, so the matter ends there,” Sithambaram informs the court.
According to a copy of a letter from law firm Messrs Shafee & Co to the Kuala Lumpur High Court deputy registrar, it is stated that “We will not be calling Dr Steven to testify”.
“As we have previously informed the court on Feb 17, 2020, an impasse has arisen relating to the terms of Dr Steven’s appointment and as a result, we are unable to proceed further with his appointment.
“To date, we have not been provided with any report or findings by Dr Steven from his examination conducted on Feb 11 and 12 2020, apart from his preliminary report,” the letter states.
Prosecution to submit MACC statements of Nik Faisal and Jho Low to Najib’s defence
12.18pm - The prosecution informs the High Court that it agrees to hand over to Najib Abdul Razak’s defence the MACC-recorded statements of SRC International CEO Nik Faisal Ariff Kamil and 1MDB-linked businessperson Jho Low (photo) among other witnesses that could not be traced.
DPP V Sithambaram informs Justice Mohd Nazlan Mohd Ghazali of this during proceedings.
Sithambaram says this is in relation to the defence being interested in being allowed to see the statements before they (defence) could decide whether to tender them or not.
“The prosecution is agreeable to supply to the accused all statement of witness statements of witnesses not available (cannot be traced).
“Among them are Nik Faisal and Low Taek Jho (Jho Low). We wish to make the statements available.
“They can look at the statements. If they wish to tender any one of the statements, we can call the IO (investigating officer) for an expeditious trial and prevent any further applications that cause delay to the trial,” Sithambaram says.
“We are of the view that the defence ought to be entitled to these statements as these witnesses could not be made available and we could not make available,” Sithambaram says.
According to a copy of a letter from the Attorney-General’s Chambers to law firm Shafee & Co dated Feb 24, among the statements of untraceable witnesses that the defence had sought are Nik Faisal’s statement recorded by MACC on Oct 17, 2015 and Oct 31 2015.
Other statements they sought are Jho Low’s statement recorded on Nov 27, 2015; Izzad Izzairi Fikri Rosman recorded July 27, 2015; Noriyah Ahmad on Sept 8, 2015; and Zainal Abidin Osman recorded on July 10, 2015, July 11, 2015, and Oct 22 2015, among others.
Prosecution no objection to handing audio recording to Najib's defence
12.14pm - The prosecution has no objection to Najib Abdul Razak's defence team application to obtain a 1MDB-linked audio recording of conversations purportedly involving the former prime minister.
DPP V Sithambaram informs this to High Court judge Mohd Nazlan Mohd Ghazali.
Previously, the defence had sought for the audio recording which was played out to the media by MACC on Jan 8.
The audio recording purportedly showed Najib in conversation with several personalities in relation to the 1MDB case.
Sithambaram today informs the court that an investigating officer will make available the audio recording to Najib's defence team by the end of the day.
The DPP adds the caveat that the prosecution while making available the audio recording to the defence, does not preclude their right to later raise objection on the issue of legal admissibility if the defence wishes to tender the audio as evidence.
Lead defence counsel Muhammad Shafee Abdullah then stands up and says the defence will go through the recording to know who they will subpoena to appear in proceedings.
Shafee says that among possible figures that may be subpoenaed is MACC chief commissioner Latheefa Koya.
Court dismisses defence bid to interview MACC IO before testimony
12.12pm - The Kuala Lumpur High Court dismisses Najib Abdul Razak's application to compel a MACC IO to be interviewed by the defence before testifying.
Justice Mohd Nazlan Mohd Ghazali rules that the former prime minister's right to a fair trial is not prejudiced as the witness Mohd Nasharudin Amir, is under oath even when subpoena, among others.
12.09pm - Proceedings resume after a short break.
11.30am - High Court judge Mohd Nazlan Mohd Ghazali (above) allows a 15-minute break.
He says that when proceedings resume after break, he will deliver his decision on Najib's defence team application to compel MACC assistant commissioner Mohd Nasharudin Amir to be interviewed by the defence before he (Nasharudin) testifies in Najib's defence.
Subpoena only requires MACC IO to come and testify in proceedings
10.53am - The prosecution submits that the subpoena only requires MACC assistant commissioner Mohd Nasharudin Amir to come and testify in proceedings and not to be interviewed by the defence beforehand, the High Court hears.
DPP V Sithambaram argues that the defence only has a right to subpoena the witness to come to court and testify, not include the right to compel the witness to be interviewed by them beforehand.
Sithambaram also argues that the witness is ready to testify based on what he knows about in relation to the RM42 million SRC International case against former prime minister Najib Abdul Razak.
MACC IO need to be interviewed before he testifies, court hears
10.46am - Najib Abdul Razak's defence argues that MACC assistant commissioner Mohd Nasharudin Amir needs to be interviewed by them first before the witness can testify for the defence, the High Court hears.
Defence counsel Harvinderjit Singh submits that they merely wished to interview Nasharudin before he testifies in the former prime minister's RM42 million SRC International trial.
Harvinderjit says that it is alright for Nasharudin not wishing to answer a specific question in the interview with the defence.
The lawyer argues that what is not right is for Nasharudin to completely refuse to sit down and be interviewed by the defence.
Nasharudin was an investigating officer in Najib's RM2.28 billion 1MDB case.
10.30am - Former prime minister Najib Abdul Razak enters the dock as proceedings begin.
Counsel Harvinderjit Singh begins submitting on the defence's application to compel MACC assistant commissioner Mohd Nasharudin Amir to be interviewed by the defence before he (Nasharudin) can testify in the defence of Najib.
Nasharudin is among several witnesses that the defence intends to call during proceedings this week.
10.27am - Former attorney-general Apandi Ali (above) is seen outside the Kuala Lumpur High Court where former prime minister Najib Abdul Razak is set to undergo his RM42 million SRC International trial.
It is understood that Apandi had earlier received a subpoena to testify in the defence stage of Najib's RM42 million SRC trial.
10.20am - Najib is seen re-entering the High Court and taking a seat at the front row of the public gallery to await the RM42 million SRC International trial to begin.
10.13am - High Court judge Mohd Nazlan Mohd Ghazali allows the defence's application to discharge and acquit Seremban Jaya assemblyperson P Gunasekaran of his LTTE terrorism case.
The judge allows the application by defence counsel Ramkarpal Singh for the discharge and acquittal application under section 254(3) of the Criminal Procedure Code.
A smiling Gunasekaran is seen bowing in the dock on hearing the ruling.
After proceedings, Gunasekaran and his supporters, among them DAP advisor Lim Kit Siang, are seen exiting the court.
After this, Najib's RM42 million SRC International trial is expected to begin around 10.30am this morning.
9.44am - Najib's counsel Rahmat Hazlan informs the High Court that lead defence counsel Muhammad Shafee Abdullah will only be able to come to proceedings around 10.30am this morning.
Razlan informs Justice Mohd Nazlan Mohd Ghazali that Shafee needed to go to a clinic.
Nazlan then allows proceedings to resume at around 10.30am.
Meanwhile, Seremban Jaya assemblyperson P Gunasekaran is still seen in the public gallery, awaiting for his LTTE terrorism case to begin.
It is understood that the DAP representative's other LTTE terrorism case was called earlier before a separate Kuala Lumpur High Court and that he was acquitted by that other court.
9.20 am - Najib exits the High Court as it would be presiding over an LTTE-linked terrorism case against Seremban Jaya assemblyperson P Gunasekaran first, before the RM42 million SRC International trial.
As Gunasekeran sat in the front row of the public gallery, his counsel RSN Rayer informed the media that the prosecution would apply for a discharge and acquittal of the DAP assemblyperson of the LTTE terrorism charge.
Also seen in court is Attorney-General Tommy Thomas (below).
9am - 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 proceedings to begin.
Also seen in court are DPP V Sithambaram and other DPPs as well as members of the accused's defence team.
The 81st day of former premier Najib Abdul Razak’s RM42 million SRC International trial is set to resume today against the backdrop of a possible change of government.
Raging speculation of a new incoming administration courtesy of yesterday’s political meetings involving Bersatu, Umno, PAS, a faction from PKR, Gabungan Parti Sarawak (GPS) and Warisan, threaten to overshadow today’s Kuala Lumpur High Court hearing of the accused’s abuse of power, criminal breach of trust and money laundering involving RM42 million from SRC.
The proceedings before Justice Mohd Nazlan Mohd Ghazali is expected to resume around 9am this morning with the hearing of an application by Najib’s defence team to interview MACC assistant commissioner Mohd Nasharudin Amir before he (Nasharudin) takes the witness stand for the defence.
During previous proceedings on Monday last week, Shafee made the application in order to ensure a fair trial for Najib, in light of Nasharudin, who was the investigating officer in Najib’s RM2.28 billion 1MDB case, wanted to testify in court without being interviewed beforehand by the defence team.
Aside from Nasharudin, other potential witnesses that Najib's defence may call are Putra Perdana Construction director Rosman Abdullah and Australian handwriting expert, Dr Steven Strach.
During the prosecution stage of the SRC trial last year, Putra Perdana Construction came up numerous times during testimony before the court.
Strach is the Australian handwriting expert who was allowed by the court on Jan 22 to analyse Najib's disputed signatures on key SRC documents.
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