Day 37: 1MDB board did not check background of Jho Low-linked director
LIVE | The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and money laundering of 1MDB funds enters its 37th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi is set to continue being cross-examined by the defence on the 37th day of former premier Najib Abdul Razak's trial on the RM2.28 billion 1MDB case today.
The ninth prosecution witness' testimony today is a continuation from yesterday's proceedings, which marked a return to trial following over six months of numerous postponements.
Yesterday's proceedings saw a number of new developments during its afternoon session, among them that the prosecution wants to cite Najib for contempt for his statements in a Reuters article.
In the article dated March 4, Najib was quoted as saying that he expected a more “conducive atmosphere” for the 1MDB trial following the change of government from Pakatan Harapan to Perikatan Nasional.
During yesterday's trial, lead deputy public prosecutor Gopal Sri Ram informed Kuala Lumpur High Court judge Collin Lawrence Sequerah that Najib's stepson Riza Abdul Aziz has indicated readiness to testify in the RM2.28 billion 1MDB trial.
On May 14, the Kuala Lumpur Sessions Court granted Riza a discharge not amounting to an acquittal (DNAA) over a 1MDB-linked US$248 million money laundering case, following a plea deal whereby he agreed to return millions of ringgit to the government.
While under questioning by senior lawyer Muhammad Shafee Abdullah yesterday, Shahrol told the court that the 1MDB board of directors omitted certain details in its minutes to protect then prime minister Najib.
During a press conference after proceedings yesterday, Shafee said that the "truth" helped Riza's case and thus the possibility of Riza testifying in the current 1MDB trial may actually help Najib.
Before the press yesterday, Shafee also questioned the criticisms against Riza's DNAA.
The legal practitioner asked why no questions were raised instead over the acquittal of former finance minister Lim Guan Eng of graft charges involving the purchase of a bungalow at allegedly below market price.
The acquittal was done during the tenure of then attorney-general Tommy Thomas.
Najib's 1MDB trial before Sequerah is expected to resume around 9.30am...
LIVE | The criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and money laundering of 1MDB funds enters its 37th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- I do not know if Najib was told of Ong and Larry's relationship: Shahrol
- 1MDB board did not check background of Jho Low-linked director
- Shahrol: I was made scapegoat in 1MDB scandal
- Conspiracy with Jho Low? Former 1MDB CEO denies involvement
- Counsels will write to chief judge over Covid-19 court SOP
- Judge allows counsels to sit side by side in court
- I may need to discharge myself from case: Shafee
- 'If more allowed in court, might as well conduct trial at Pasar Selayang'
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1.28pm - Thank you for following our live report today.
Reporting by Hidir Reduan Abdul Rashid and Hariz Mohd. Photographs by Azneal Ishak. Social media updates by Ewe Linq Yenn.
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Proceedings end for the day
12.21pm - Proceedings adjourn for the day and will resume around 9.30am tomorrow.
This is because the defence and prosecution are seeking to meet Chief Judge of Malaya Azahar Mohamed.
This is to discuss obtaining some leeway in having more lawyers and DPPs allowed into the High Court for Najib Abdul Razak's RM2.28 billion 1MDB trial.
At the moment, social distancing is enforced in court proceedings, which is limiting the number of people allowed in court.
I do not know if Najib was told of Ong and Larry's relationship: Shahrol
12pm - The proceeding sees lead defence counsel Muhammad Shafee Abdullah highlighting a series of business documents to a witness, in an attempt to show that former 1MDB director Ong Gim Huat had a relationship with Jho Low's father Larry Low.
These include their business relationship through a company, Kim Mansions Sdn Bhd, where both Ong and Larry were its shareholders.
Prosecution witness Shahrol Azral Ibrahim Halmi, who is a former 1MDB CEO, then tells the court that with all the facts laid before him in court, it has indeed been proven that there was a business relationship between the two.
Thus, he testifies, it would be worth highlighting the matter to Najib Abdul Razak as shareholder of 1MDB if this were to be known prior to Ong's appointment as 1MDB independent director in 2010.
"Now, with all these facts, yes it is indeed proven there was a business relationship between Jho low’s father and Ong. So it was worth highlighting to the shareholder, and it is Najib's prerogative whether to go with the appointment or not," he says.
However, Shahrol claims he has no knowledge if Najib (below) had been told about the relationship.
1MDB board did not check background of Jho Low-linked director
11.18am - The 1MDB board did not do a background check on a Jho Low-linked director as then premier Najib Abdul Razak was empowered to make the appointment, testifies Shahrol Azral Ibrahim Halmi.
The former 1MDB CEO says during cross-examination by defence lawyer Muhammad Shafee Abdullah that the board did not do this background check on Ong Gim Huat.
Ong was an alleged friend and business partner of Larry Low Hock Peng, the father of 1MDB-linked businessperson Jho Low.
"I did not do a further background check as Najib wanted him on the board," Shahrol says.
When Shafee says that Najib could not be expected to have background information on Ong before the latter was appointed as 1MDB director, Shahrol replies that Najib was then empowered by 1MDB's Articles of Association to make the appointment.
"That did not happen (background check on Ong by the 1MDB board) because the article (of association) says he is appointed by the PM (Najib) and that is it, we did not do due diligence or check his background," Shahrol says.
Shahrol: I was made scapegoat in 1MDB scandal
11.15am - Shahrol Azral Ibrahim Halmi, who used to be 1MDB CEO between 2009 and 2013, claims that the Public Accounts Committee (PAC) made him the scapegoat in their investigation into the company's joint-venture with Petrosaudi.
The prosecution witness says this during cross-examination by lead defence counsel Muhammad Shafee Abdullah.
This comes as Shafee is reading to the court PAC's finding in 2016, which stated that Shahrol needs to take responsibility for weaknesses and blunders in the company.
Shahrol: They are painting me to be a scapegoat.
Shafee: They say you are responsible for this blunder. Your interpretation is that you are made the scapegoat?
Shahrol: Yes.
[Read the full story here]
Conspiracy with Jho Low? Former 1MDB CEO denies involvement
11.10am - Former 1MDB CEO Shahrol Azral Ibrahim Halmi disagrees that he was reluctant to provide the Public Accounts Committee (PAC) with documents relating to the company's joint-venture with Petrosaudi as he was worried that they would uncover shams in the deal.
He also disagrees with defence lawyer Muhammad Shafee Abdullah that if the documents were to be made available to PAC quickly when it heard the 1MDB case in 2015, the committee would have exposed him as a co-conspirator in the scandal together with fugitive businessperson Jho Low.
Shafee: I'm putting it to you, if these documents were made available at the quickest time, it may expose you together with Jho low, Jasmine Loo, Casey Tang, Patrick Mahoney and Tarek Obaid as conspirators in a scheme of billions of dollars from 1MDB?
Shahrol: Disagree.
Shafee: And lastly I put to you, that is the sole reason why you were motivated in being worried because you realised this composition of PAC members are no fools and they will uncover this sham?
Shahrol: Disagree.
Counsels to request meeting with chief judge over Covid-19 SOP
10.48am - Lead defence lawyer Muhammad Shafee Abdullah tells the court that both parties, the defence and prosecution, are writing a letter to Chief Judge of Malaya Azahar Mohamed (above) to seek a meeting to discuss easing the situation for the 1MDB trial during the Covid-19 pandemic.
It is understood that this concerns the number of counsels that are allowed to be present in the courtroom at one time, which had been limited to three due to new standard operating procedures (SOP) that are in place to prevent the spread of the virus.
Shafee then requests for the trial today to stand down at 12.30pm so that he and DPP Ahmad Akram Gharib can address the matter.
Judge Collin Lawrence Sequerah allows the application.
Shafee then expresses their appreciation to the judge for allowing one assisting lawyer to sit beside the lead counsel for each team.
Ex-CEO of 1MDB takes the stand
10.45am - Proceedings resume after break, with ninth prosecution witness.
Sitting in the witness box and wearing a black face mask, former 1MDB CEO Shahrol Azral Ibrahim Halmi resumes cross-examination by lead defence counsel Muhammad Shafee Abdullah.
Judge allows counsels to sit side by side in court
10.35am - DPP Ahmad Akram Gharib is seen moving his seat to sit beside lead DPP Gopal Sri Ram in court, while the defence team is also doing the same with seatings of lead defence lawyer Muhammad Shafee Abdullah and his co-counsel Tania Scivetti.
The court is still on a short break, and it is learned that counsels from both parties have gone to discuss further on seating arrangments in the courtroom with Judge Collin Lawrence Sequerah.
It has been confirmed to Malaysiakini by one of the counsels that they have obtained permission to change the seating arrangements to allow for a smooth operation of the trial.
I may need to discharge myself from case: Shafee
9.57am - Lawyer Muhammad Shafee Abdullah informs the High Court he may need to discharge himself from acting for Najib Abdul Razak if he is unable to function with the Covid-19-linked restrictions.
Shafee tells Judge Collin Lawrence Sequerah this during his application to be allowed some leeway in the restrictions so that more defence lawyers are allowed in court.
At the moment, only a single lawyer and DPP are allowed to sit at the tables in court reserved for the defence and prosecution.
Shafee informs the court that it needs to allow some exception because he finds it difficult to carry out his duty as a lawyer, and claims he even finds it hard to speak to Najib.
"I cannot function. I have not spoken to my client. I may need to discharge myself.
"I cannot function like this. I look like a fool when trying to check documents," Shafee says of being unable to refer to court papers with nearby defence counsel during proceedings.
Shafee (below) then applies for a short break to speak to Najib about the matter, alluding to "decision I may need to make".
Sequerah then allows a short break.
'If more allowed in court, might as well conduct trial at Pasar Selayang'
9.52am - If more people are allowed into court despite social distancing restrictions, the trial might as well be held in Pasar Borong Selayang, says a Kuala Lumpur High Court judge.
Judge Collin Lawrence Sequerah tells this to Najib Abdul Razak's lead defence counsel in response to the lawyer's request for more defence counsels to be allowed in court.
Muhammad Shafee Abdullah was informing the court that the defence was told earlier a few more defence lawyers could be allowed in this morning via five reserved public passes.
Shafee says that however when they came to the Kuala Lumpur Court Complex at around 7.45am, all public passes had been taken up.
"Then it is better to go to Pasar Borong Selayang and conduct the hearing there without restrictions.
"How many people do you want in court?" Sequerah asks Shafee.
"My concern is if we do not abide by the standard operating procedure (SOP), then there is no point, might as well allow anyone to come in," Sequerah says, adding that the health and safety of the people are paramount.
[Read the full story here]
Judge turns down DPP's request to sit together
9.50am - The 1MDB trial starts with lead DPP Gopal Sri Ram requesting to the court to allow his fellow DPP Ahmad Akram Gharib to sit beside him in court.
Sri Ram tells Judge Collin Lawrence Sequerah that he needs Akram to assist him with exhibits during examinations on witnesses.
However, the request is turned down by the judge, saying that the court has to abide by the standard operating procedure for Covid-19 prevention.
Sequerah refuses to budge from his decision, even after Sri Ram informs him of a message from the chief registrar that the judge can use his discretion in such matters.
"In that case, I'm refusing to exercise my discretion. I will stick with the direction now.
"Please write to the chief judge of Malaya," says Sequerah.
Sri Ram then proceeds to extend another request to the judge, which came from prosecution witness Shahrol Azral Ibrahim Halmi.
He says that the former 1MDB CEO is not able to be present for the whole day of the trial today, and has requested for proceedings to go on until 2pm and then adjourned for the day.
Sequerah allows the application.
9.44am - Accused Najib Abdul Razak enters the dock as the RM2.28 billion 1MDB trial begins.
9.30am - Former prime minister Najib Abdul Razak enters the Kuala Lumpur High Court.
Wearing a face mask, he takes a seat at the front row of the public gallery while awaiting proceedings to begin.
Former 1MDB CEO Shahrol Azral Ibrahim Halmi is set to continue being cross-examined by the defence on the 37th day of former premier Najib Abdul Razak's trial on the RM2.28 billion 1MDB case today.
The ninth prosecution witness' testimony today is a continuation from yesterday's proceedings, which marked a return to trial following over six months of numerous postponements.
Yesterday's proceedings saw a number of new developments during its afternoon session, among them that the prosecution wants to cite Najib for contempt for his statements in a Reuters article.
In the article dated March 4, Najib was quoted as saying that he expected a more “conducive atmosphere” for the 1MDB trial following the change of government from Pakatan Harapan to Perikatan Nasional.
During yesterday's trial, lead deputy public prosecutor Gopal Sri Ram informed Kuala Lumpur High Court Judge Collin Lawrence Sequerah that Najib's stepson Riza Abdul Aziz has indicated readiness to testify in the RM2.28 billion 1MDB trial.
On May 14, the Kuala Lumpur Sessions Court granted Riza a discharge not amounting to an acquittal (DNAA) over a 1MDB-linked US$248 million money laundering case, following a plea deal whereby he agreed to return millions of ringgit to the government.
While under questioning by senior lawyer Muhammad Shafee Abdullah yesterday, Shahrol told the court that the 1MDB board of directors omitted certain details in its minutes to protect then prime minister Najib.
During a press conference after proceedings yesterday, Shafee said that the "truth" helped Riza's case and thus the possibility of Riza testifying in the current 1MDB trial may actually help Najib.
Before the press yesterday, Shafee also questioned the criticisms against Riza's DNAA.
The legal practitioner asked why no questions were raised instead over the acquittal of former finance minister Lim Guan Eng of graft charges involving the purchase of a bungalow at allegedly below market price.
The acquittal was done during the tenure of then attorney-general Tommy Thomas.
Najib's 1MDB trial before Sequerah is expected to resume around 9.30am.
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