Najib Trial 7th Day Upko Spent Rm1m On Csr Activities

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The seventh 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 HIGHLIGHTSWitness can't see NajibUpko spent RM1m on CSR activities'Najib's adviser wanted to know why Chinese appear anti-gov't''Should I continue looking at Najib?' asks witnessRM300k spent on analyses of Chinese media reports for PMORM1m used for Penang Umno welfare initiativesPenang Umno secretary confirms RM1m received by comms unitNajib arrives at courtProceedings delayed until 2.30pmWitness can't see Najib3.55pm - While testifying, Mojigoh sometimes refers to a "chairperson", then a "president", prompting the DPP to ask which is which
Mojigoh: Datuk Seri Najib. Bossku
DPP: Do you see him in this courtroom
Mojigoh: I can't see him
At this point, several in the gallery point to the accused's dock. Mojigoh finally notices Najib and gives the former premier a salute
Najib returns the salute. Upko spent RM1m on CSR activities3.50pm - The 15th prosecution witness is former United Pasokmomogun Kadazandusun Murut Organisation (Upko) treasurer-general Marcus Mojigoh
Upko was previously a BN component party, which left the coalition last year after the 14th general election. Mojigoh testifies that the Sabah-based party had received an RM1 million contribution through a cheque dated Feb 13, 2015 to conduct corporate social responsibility (CSR) activities under a project called Projek Sayang
Mojigoh tells the court that Upko relied on funding from members' contributions, but it was not enough. As such, they had also asked for funding from those “higher up”, referring to then BN chairperson Najib
He said under Projek Sayang, Upko’s women’s wing was instructed to visit and deliver contributions to bedridden patients, provide spectacles to senior citizens, and wheelchairs to those in need, among others
The party also used Projek Sayang funding to conduct courses for the disabled and women
'Najib's adviser wanted to know why Chinese appear anti-gov't'3.40pm - Sim says the BN-led government engaged her firm in 2015 to gauge and formulate policies based on the sentiments of the Chinese community
During cross-examination by defence counsel Shafee, Sim says the government wanted to understand what issues affected the community
She notes that Najib's then adviser Jamaluddin, who was present at meetings between her staff and the PMO's Media Office in Putrajaya between late 2014 and early 2015, had wanted to know why the Chinese community appeared to be anti-government
"The Chinese community should be the concern of all political parties, not just BN
"The government of the day must derive policies for the Chinese community as the community is part of Malaysia," she says
She tells Shafee that education and the Unified Examination Certificate are among the issues that concern the community. Sim states that Chinese Malaysians also want the middle-income trap, which affects most members of the community, to be addressed
"I am a Malaysian. I love my country, I am nationalistic," she says, adding that she is uncertain whether the government took the advice contained in the report the company submitted to it in 2015
'Should I continue looking at Najib?' asks witness3.25pm - Members of the public and the media inside the courtroom are in stitches after an incident occurs when Sim is asked by DPP Saifuddin if she can identify Najib in the courtroom
DPP: Have you met Datuk Seri Najib (before)
Sim: Yes, but always in a group of people sitting together
DPP: Do you see him in court today
Sim: Where should I look
She is directed to look at the accused's dock, before positively identifying the former premier
Sim: Yes, yes, I see Datuk Seri Najib
However, after answering the DPP's question, Sim continues to look towards Najib, before asking the DPP whether she should continue looking at him
RM300k spent on analyses of Chinese media reports for PMO3.10pm - The prosecution calls its 14th witness, Rita Sim, who is the director of a media monitoring company named Centre for Strategic Engagement Sdn Bhd (Cense)
She testifies during examination-in-chief by DPP Saifuddin that her company conducted media monitoring and analyses on reports by six Chinese newspapers for the Prime Minister's Office (PMO) during Dec 2014 and Jan 2015
The company was paid a total of RM300,000 - or RM150,000 a month - for the services rendered
This involved sending daily summaries of newspaper reports via Whatsapp to the media office of the PMO
A cheque for RM300,000 made payable to Sim's firm had been verified last week by Ambank employee Badrul Hisham Mohamad as originating from an Ambank account linked to Najib's SRC International trial. The director explains the services her firm provided to the PMO. Sim: We looked at Chinese dailies every single day together with websites, and picked up issues that affect Chinese communities, and then summarised it daily, and sent it to the media office of the PMO. We sent this daily analysis to the office of the PMO
DPP: So what form was this analysis in? Hard copy, or what
Sim: (It was) done and sent daily via Whatsapp, with weekly analysis by email. And monthly report
DPP: So the monthly report was also sent by email
Sim: It is actually a summary of the weekly report
DPP: So you said you monitor the six Chinese newspapers
Sim: Yes
DPP: Can you name them
Sim: Sin Chew, Nanyang Siang Pau, China Press, Guang Ming Daily, Kwong Wah Jit Poh, and Oriental Daily.In her testimony, Sim also mentions that her company had been engaged by Najib’s former adviser, the late Jamaluddin Jarjis, to provide the services mentioned to the PMO
DPP: From whom did you get this instruction to conduct this monitoring
Sim: This instruction was given to us by the late Tan Sri Jamaludin Jarjis
She also testifies that her company had received payment via its RHB Bank account, which had been opened at the bank's Bangsar branch
RM1m used for Penang Umno welfare initiatives 3.04pm - Sahar testifies that the RM1 million received by the Penang Umno communications unit in 2015 was used for welfare programmes to help victims of natural disasters such as flooding, among others
During cross-examination by defence counsel Shafee, the Penang Umno secretary says that the funds also went to initiatives to help the poor and needy, as well as orphans and their schooling
"The money has also been given to mosques to carry out programmes," he adds
Penang Umno secretary confirms RM1m received by comms unit2.55pm - Thirteenth witness Ahmad Sahar confirms that an AmIslamic Bank cheque for RM1 million was received and banked in by the Penang Umno communications unit in 2015
The Penang Umno secretary tells this to DPP Saifuddin during the examination-in-chief
Ambank employee Badrul Hisham Mohamad had testified last week that the Penang Umno communications unit received an AmIslamic Bank cheque for RM1 million, dated Feb 26, 2015
It was confirmed that the funds came from an Ambank account linked to Najib’s SRC International trial
Najib arrives at court2.44pm - Najib has arrived at the High Court in Kuala Lumpur. Clad in a black suit, he walks into the courtroom and sits down in the dock as Justice Mohd Nazlan also enters the court to begin proceedings
Proceedings delayed until 2.30pm12.10pm - The hearing which was scheduled to start at noon today has been postponed to 2.30pm
This comes after Najib's defence counsel Wan Aizuddin informs the court that the accused and his lawyers are still engaged in another hearing at the Court of Appeal in Putrajaya (below), and seeks the court's permission to allow the hearing to start at 2.30pm
"The matter (at Court of Appeal) took longer than expected as the prosecution raised a preliminary objection (PO)
"The argument (on the PO) took two hours and the main argument only started at 11am. The matter is still ongoing
"Under the circumstances, we seek a stand down of the matter to start later (in the afternoon)," Aizuddin says
The Court of Appeal hearing concerns Najib's bid to recuse retired Federal Court judge Gopal Sri Ram from leading the prosecution in the former premier's 1MDB case
DPP V Sithambaram then tells the court that the prosecution has no objection as the matter is beyond their control
Justice Mohd Nazlan Mohd Ghazali then asks the prosecution how many witnesses they plan to produce today, to which Sithambaram says they are prepared to produce five witnesses
The judge also informs both parties to be prepared for proceedings this afternoon to go beyond 5pm. He then adjourns the trial until this afternoon
This marks the second postponement in relation to today's hearing, after the defence received permission yesterday for proceedings to begin at 12pm today rather than the usual 9am, due to the Court of Appeal hearing
The criminal trial of former prime minister Najib Abdul Razak, involving the alleged misappropriation of funds from SRC International Sdn Bhd, enters its seventh 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 caseNajib is facing 7 charges relating to RM42m involving SRC International, a former 1MDB subsidiary
1 abuse of power charge3 criminal breach of trust (CBT) charges3 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, being presided over by judge Mohd Nazlan Mohd Ghazali, is expected to kick off at noon today with testimonies from witnesses who said that several entities – political and non-political alike – received between thousands to millions of ringgit from Ambank accounts linked to Najib
Last Friday, fifth prosecution witness Badrul Hisham Mohamad, the former manager of Ambank's cheque clearance centre, testified that among the 17 AmIslamic cheques cleared in 2015 include RM1 million to Upko, RM1 million to Penang Umno’s communications unit, RM300,000 to Johor Bahru Umno, and RM50,000 to Padang Serai Umno chief Asmadi Abu Talib
Badrul Hisham confirmed this after being presented with the cheques, which were among the documents and items seized in a Bank Negara raid on the Jalan Raja Chulan branch of Ambank on July 6, 2015
The prosecution may also call up more witnesses linked to other entities tied to the cheque transaction trail – such as Vital Spire Sdn Bhd, Zulqarnain & Co, Centre for Strategic Engagement, Lim Soon Peng, Solar Shine Sdn Bhd, and law firm Hafarizam Wan & Aisha Mubarak
Yesterday, the court did not make any ruling on contempt against Najib’s former aide Hizatul Isham Abdul Jalil over the uploading video clips of Friday's court proceedings, which showed two witnesses testifying in court
The clips showed ABS Trend Master Sdn Bhd owner Zulkarnain (family name not listed by the prosecution) and MOZ Malaysia Sdn Bhd owner Mohammad Zakariyya Zearat Khan testifying on their involvement in constructing a new guard post and water tank respectively at Najib's Jalan Langgak Duta residence
Zulkarnain and Zakariyya were the sixth and seventh prosecution witnesses respectively
ABS Trend Master and MOZ Malaysia were also cited in Badrul Hisam’s testimony as recipients of AmIslamic cheques of RM100,000 and RM56,500 respectively
In his post accompanying the uploaded video clips, Hizatul Isham alleged that there were "problems" with the prosecution's theory that Najib had used SRC International funds for his personal benefit
He also claimed the prosecution could not prove that Najib ordered SRC International to deposit funds into his personal bank account through two intermediaries
Hizatul Isham insisted that the renovations were a necessity, as Najib received many visitors at the Langgak Duta home
Defending his posting of the videos, he said that court rules only prohibit the live streaming of the proceedings or personal recordings, and that the clips originated from the court's own court recording and transcript (CRT) system
Police are probing the uploading of the clips for illegal disclosure of information under Section 233 of the Communications and Multimedia Act 1998. It is punishable upon conviction under Section 203A of the Penal Code, which carries a maximum one-year jail sentence, an RM1 million fine, or both
Attorney-General Tommy Thomas is expected to lead 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 Ashraf Adrin Kamaril, Muhammad Izzat Fauzan, and Mohd Ashraf Adrin Kamaril
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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