Najib Src Trial Former Macc Chief Dzulkifli Ahmad Among Those To Testify Tomorrow

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NAJIB SRC TRIAL | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 89 today at the High Court in Kuala Lumpur
Malaysiakini brings you live reports of the proceedings
KEY HIGHLIGHTSFormer MACC chief Dzulkifli Ahmad among those to testify tomorrowThen MACC chief comm Abu Kassim suggested Najib to be chargedI never instructed cover up when closing RM2.6b and SRC case: ApandiNajib had no knowledge that the RM42 million was from SRC: ApandiMACC never sought my authorisation on 1MDB-linked wire-tapping: ApandiI was satisfied that Najib not involved in wrongdoing, former AG testifiesFormer attorney-general Apandi Ali takes the witness standLatheefa unable to share development on ongoing asset recovery efforts, court hearsFormer MACC chief comm questions defence's line of questioningCourt rules Latheefa entitled not to answer questions on audio interceptionProsecution objects to 'fishing expedition' against LatheefaLatheefa Koya resumes testimony for defenceThank you for following Malaysiakini's live report3.45pm - Thank you for following our live report today
Former MACC chief Dzulkifli Ahmad among those to testify tomorrow1.15pm - Former MACC chief commissioner Dzulkifli Ahmad and Najib Abdul Razak's former principal private secretary Shukry Mohd Salleh are set to testify for the former prime minister's defence tomorrow
This is conveyed by lead defence counsel Muhammad Shafee Abdullah to Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali at the end of proceedings today
Nazlan then adjourns proceedings for the day. Proceedings will resume around 9am tomorrow morning
Then MACC chief comm Abu Kassim suggested Najib to be charged12.59pm - Then MACC chief commissioner Abu Kassim Mohamed (below) had suggested to the then 1MDB task force for then prime minister Najib Abdul Razak to be charged, the High Court hears
Defence witness R Raja Gopal testifies this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah
Raja Gopal had then represented then inspector-general of police Khalid Abu Bakar during the multi-agency 1MDB task force during its meeting on July 4, 2015
Raja Gopal was then from one of the sub-units in the police force's commercial crime investigation department
The 1MDB task force was then comprised of the police, the Attorney-General's Chambers and Bank Negara, with then attorney-general Abdul Gani Patail and the central bank's then-governor Zeti Akhtar Aziz
Shafee: Did anyone (at the July 4, 2016) meeting suggested that some court action be taken on the RM42 million SRC International case
Raja Gopal: In the meeting, from what (then DPP) Dzulkifli Ahmad said, I was in the meeting with Abu Kassim who suggested that Najib be charged over the RM42 million SRC case
Shafee: He (Abu Kassim) suggested that to the task force and its chairperson
Raja Gopal: It (suggestion) was made in the task force (meeting on July 4, 2015)
Shafee: He (Abu Kassim) suggested (for then-premier Najib) to be charged
Raja Gopal: Yes
Shafee: Abu Kassim suggested that a serving prime minister (Najib in 2015) be charged in relation to the RM42 million (SRC case)
Raja Gopal: Yes
On Shafee's question on whether the then 1MDB task force took up on Abu Kassim's suggestion to charge Najib, Raja Gopal said it did not
Raja Gopal also testifies that when Abu Kassim made the suggestion, he (Raja Gopal) was not aware if Najib and other material witnesses were interviewed by MACC beforehand
Raja Gopal is referring to SRC CEO Nik Faisal Ariff Kamil and SRC director Suboh Md Yassin as the other witnesses
He also notes that by right, usually before a person is to be charged, the authorities would take a statement from the accused before said accused is charged at court
I never instructed cover up when closing RM2.6b and SRC case: Apandi12.42pm - Former attorney-general Apandi Ali testifies never having issued instruction to cover-up in relation to his 2016 decision to close the RM2.6 billion donation and SRC International investigation against then-premier Najib Abdul Razak
The defence witness says this during re-examination by lead defence counsel Muhammad Shafee Abdullah
Shafee is asking Apandi (above) whether the latter's decision on Jan 26 2016, to close the cases against Najib, was because of a cover-up
Shafee's question is in relation to an earlier cross-examination by DPP V Sithambaram whether DPP Dzulkifli Ahmad, who was part of the DPP team assisting Apandi in going through the investigation papers (IP) on the cases, had suggested for the cases be closed
Earlier, Sithambaram had asked Apandi whether Dzulkifli, on or before Jan 5 2016, had suggested for the cases to be closed
Apandi had told Sithambaram that Dzulkifli never made the suggestion
Shafee: Were you involved in a cover-up when making the decision (to close the cases against Najib on Jan 26 2016)
Apandi: No
Shafee: Your team were involved in any proposed cover-up
Apandi: No, I have never given any instruction for a cover-up
Najib had no knowledge that the RM42 million was from SRC International: Apandi12.35pm - The prime minister Najib Abdul Razak had no knowledge that the RM42 million that flowed into his account was from SRC International, former attorney-general Apandi Ali testifies
The defence witness says this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah
Shafee is asking Apandi in relation to the latter's decision on Jan 26, 2016, to clear Najib of wrongdoing in the RM2.6 billion donation issue as well as the SRC International issue involving millions that flowed into Najib's personal accounts
Shafee: Did the then prime minister (Najib) had knowledge in the SRC matter that RM42 million came from SRC, from your then determination
Apandi: It is my finding that he (Najib) had no knowledge
MACC never sought my authorisation on 1MDB-linked wire-tapping: Apandi12.13pm - The MACC never sought my authorisation on wire-tapping 1MDB-linked conversations in 2016, former attorney-general Apandi Ali testifies
He says this during a question from lead defence counsel Muhammad Shafee Abdullah
Shafee: Did the MACC come to you asking for lawful authority for interception of individuals (audio recording)
Apandi: The answer is no, never. I got no knowledge of these audio recordings
Shafee: That (audio recordings) never happened vis-a-vis any authority from you
Apandi: Shakes head
Earlier, Shafee had questioned former MACC chief commissioner Latheefa Koya about the nine 1MDB-linked audio recordings, which MACC release to the media on Jan 8 this year
The audio recordings, purportedly involving then prime minister Najib Abdul Razak, were all recorded in 2016
Apandi became Attorney-General in 2015
I was satisfied that Najib not involved in wrongdoing, former AG testifies11.58am - Former attorney-general Apandi Ali testifies that he was satisfied that then prime minister Najib Abdul Razak was not involved in wrongdoing in relation to the RM2.6 billion donation issue and the SRC International case
The defence witness says this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah
On Jan 26, 2016, Apandi through a press conference has absolved then-premier Najib of wrongdoing in relation to the RM2.6 billion donation issue and the SRC case
"This press release (Jan 26 2016) touches on the RM2.6 billion that went into the then prime minister (Najib's) account. After going through the investigation papers, I was satisfied that the RM2.6 billion is actually a donation from the Saudi royal family," Apandi says
In relation to his absolving Najib over the SRC investigation, Apandi testifies that he was also satisfied that the loan approval of Retirement Fund Inc's (KWAP) RM4 billion in loans to SRC was done properly and that no offences were committed in relation to that
"I found no evidence to show the prime minister (Najib) had committed offence or corruption," Apandi says
Former attorney-general Apandi Ali takes the witness stand11.45am - Proceedings resume after a brief break
Former attorney-general Apandi Ali takes the witness stand as a defence witness
11.05am - Proceedings takes a short break
Earlier, former MACC chief commissioner Latheefa Koya (above) was released from the witness stand after completing her testimony
Latheefa unable to share development on ongoing asset recovery efforts, court hears11.01am - Former MACC chief commissioner Latheefa Koya testifies that she is unable to share development on efforts on asset recovery linked to 1MDB, the High Court hears
The defence witness says this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah
Shafee is asking the defence witness on the status of asset recovery of the billions in loans by Retirement Fund Inc (KWAP) to SRC International, thereby the money are now alleged to be frozen in a bank at Switzerland
Shafee: Did you make any progress in the asset recovery
Latheefa: I cannot share the ongoing asset recovery in this court
Earlier, DPP V Sithambaram had objected to the defence's line of questioning against Latheefa, likening the questions as more to cross-examination rather than examination-in-chief
Former MACC chief comm questions defence's line of questioning10.57am - Former MACC chief commissioner Latheefa Koya questions the Najib Abdul Razak's defence team's line of questioning against her during the trial
While testifying as a defence witness, Latheefa raises this question to lead defence counsel Muhammad Shafee Abdullah's line of questioning on efforts to recover billions of ringgit in Retirement Fund Inc (KWAP) loans to SRC International
The money is now alleged to be frozen at a bank in Switzerland
"It is clear I was called here to answer questions on the (Najib) audio recordings. That was what I was told (through subpoena)
"Am I being cross-examined or being questioned on the audio recordings
"That was what I was told," Latheefa asks during proceedings
Latheefa also reiterates that Shafee should not be asking her about the billions of ringgit in KWAP loans recovery as she was not part of the investigation team that was probing the issue
Court rules Latheefa entitled not to answer questions on audio interception10.50am - The High Court denies Najib Abdul Razak's defence bid to compel former MACC Chief Commissioner Latheefa Koya to answer questions on the method of interception of audio conversation
Justice Mohd Nazlan Mohd Ghazali makes the ruling when lead defence counsel Muhammad Shafee Abdullah seeks to compel her to answer on the matter
Prosecution objects to 'fishing expedition' against Latheefa10.28am - The prosecution objects to the "fishing expedition" that is Najib Abdul Razak's defence team questioning of former MACC chief commissioner Latheefa Koya
DPP V Sithambaram says that lead defence counsel Muhammad Shafee Abdullah's style of questioning of Latheefa sounds more like cross-examination of their own witness rather than examination-in-chief
Shafee was asking Latheefa on the nine 1MDB-linked audio recordings of alleged conversations involving Najib among others
"This is a fishing expedition (by Muhammad Shafee) on how they (MACC) obtained the tape recordings
"Now they going beyond evidence and cross-examining their own witness
"These tapes are not admissible, they (defence) already established that
"This seems like a fishing expedition to see how the MACC works," Sithambaram says
Sithambaram (above) notes that the defence's cross-examination of defence witness Latheefa seems to be intended for court cases outside of the RM42 million SRC International trial
"If these issues arise before another trial, it should be brought up before that other trial, not make us sit through it here," Sithambaram says
However, Justice Mohd Nazlan Mohd Ghazali allows Shafee to continue the questions against Latheefa in relation to the interception of audio recordings, among others
Latheefa Koya resumes testimony for defence10.02am - Former MACC chief commissioner Latheefa Koya enters the witness stand to resume a bit more of her testimony as defence chief
As she looks on, DPP V Sithambaram raises an objection against Najib Abdul Razak's defence team bid for Latheefa to make reference to the MACC's Standing Order on evidence-gathering
Sithambaram argues that the MACC Standing Order is an Official Secrets Act (OSA) document, hence even just having Latheefa refer to the document's contents bring the danger of breaching OSA restrictions
Lead defence counsel Muhammad Shafee Abdullah argues that Latheefa's reference to the MACC Standing Order would not breach OSA as she merely referring to the document, and does not involve tendering the said document as evidence in court, among others
Previously on Thursday last week, lead defence counsel Muhammad Shafee Abdullah had asked Latheefa to bring the MACC standing order to proceedings today, so that she can make reference to it in relation to the evidence-gathering
The evidence gathering is in relation to the MACC obtaining 1MDB-linked audio recordings of conversations allegedly involving Najib and several other personalities
The other alleged personalities involved are Najib's wife Rosmah Mansor and then MACC chief commissioner Dzulkifli Ahmad
9.56am - Former prime minister Najib Abdul Razak enters the dock as proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali begins
The defence team may finally be wrapping up its case on the 89th day of former prime minister Najib Abdul Razak’s RM42 million SRC International trial today
Today was the date indicated by lead defence counsel Muhammad Shafee Abdullah when asked by the Kuala Lumpur High Court on Tuesday last week. Among witnesses that the defence may field today are former attorney-general Mohamed Apandi Ali, Najib’s former principal private secretary Shukry Mohd Salleh, and former MACC chief commissioner Dzulkifli Ahmad
In the event that the defence finishes its case today, then Justice Mohd Nazlan Mohd Ghazali would fix a separate date for submissions by the prosecution and defence
After submissions, then the judge would set a date to deliver a verdict on whether Najib is to be acquitted at the end of defence, or to be convicted and sentenced over seven charges of abuse of power, criminal breach of trust, and money laundering of RM42 million from SRC International, a former subsidiary of 1MDB
SRC became fully-owned by the Minister of Finance Incorporated (MoF Inc) in early 2012. In that year, Najib was also finance minister, chairperson of 1MDB’s board of advisors, and SRC’s advisor emeritus
During previous proceedings on Thursday last week, the court among others heard from then MACC chief commissioner Latheefa Koya that the antigraft watchdog released to the public 1MDB-linked audio recordings, allegedly involving Najib and several other personalities, in order to prevent possible cover-ups. After Thursday’s proceedings when confronted by the media, Latheefa initially refused to comment on whether she would or had stepped down as MACC chief commissioner. However the next day on Friday last week, she officially confirmed that she had conveyed her intention to resign to Prime Minister Muhyiddin Yassin, reiterating that it was her own decision and not due to external pressure. Proceedings before Nazlan today would resume around 9am in the morning. - Mkini

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