Najib Trial Day 15 Permai Binaraya Instructs Maybank To Transfer Rm27m To Najib



The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 15th day today at the High Court in Kuala Lumpur
Malaysiakini brings you live reports of the proceedings
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 chargesClick to view infomation on judge, prosecution and defence teamKEY HIGHLIGHTSRM110m went to Putra Perdana Construction's account'Permai Binaraya instructs Maybank to transfer RM27m to Najib'Maybank received instruction to transfer RM140m to SRCShafee grills Bank Negara officer on investigation diaryI've power to investigate, not to examine Najib - witnessSuspicious transactions: Informing Najib amounts to 'tipping off'AmBank fined for not reporting suspicious transactionsSRC didn't submit required information - witnessDefence and witness continue to clashRM110m went to  Putra Perdana Construction's account3.10pm - Witness Halijah further testifies that RM110 million was transferred from Putra Perdana Development's Maybank account to Putra Perdana Construction's Maybank account on Dec 12, 2014
She tells DPP Sulaiman that this was done on a directive letter on that date
'Permai Binaraya instructs Maybank to transfer RM27m to Najib'2.40pm - Assistant manager Halijah tells the court that Maybank's KL Branch received instruction from Permai Binaraya Sdn Bhd on July 8, 2014 to transfer RM27 million to Najib's AmBank account
During examination-in-chief by DPP Sulaiman Kho, she testifies that the transfer was made from Permai Binaraya's Maybank account number 514012042754 to Najib's AmBank account number 2112022011880
The instruction letter was received via fax on July 8, 2014, followed by the original copy two days later, according to Halijah
She is referring to bank documents such as Rentas and a directive letter from Permai Bina Raya
Maybank received instruction to transfer RM140m to SRC 2.10pm - Halijah testifies that the bank received an instruction from Putra Perdana Construction Sdn Bhd to transfer RM140 million to SRC International's account on Dec 12, 2014
She tells the court that this was based on an instruction letter by Putra Perdana Construction
The transfer was made from the company's Maybank account number 014011327183 to SRC International's AmBank account number 2112022010650
Court breaks for Zohor prayer1.04pm - Defence counsel Shafee requests for the court to adjourn for the zohor prayer break before the defence starts their cross-examination of prosecution's 31st witness, Maybank's KL branch assistant manager Halijah Abdul Wahab
He tells Justice Nazlan (photo) that the prayer would start at 1.10pm, and they want to be able to catch the time to pray at the Wilayah Persekutuan mosque nearby
The judge, who appears to be wanting to continue the trial before calling for a break, however, tells Shafee that the mosque is just across the road
Shafee then tells the court that they would need some time to reach the mosque and make it for the prayer
The judge then calls for a 30-minute break
Earlier, the witness testifies that both Putra Perdana Construction Sdn Bhd and Permai Binaraya Sdn Bhd have bank accounts at the branch
She tells the court that on July 8, 2014, Putra Perdana Construction Sdn Bhd had instructed the bank to transfer RM34,999,993.00 to Permai Binaraya's account
Putra Perdana Construction's Maybank account number was 014011327183 and Permai Binaraya's Maybank account number was 514012042754. Shafee grills Bank Negara officer on investigation diary12pm - Cross-examination of Bank Negara officer Farhan continues with lead defence counsel Shafee grilling him over his method of keeping records of Bank Negara raid and probe against AmBank
Before leading to more detailed questions on files and handphones seized by Bank Negara during its raid on AmBank Jalan Raja Chulan branch in 2015, Shafee presses Farhan on investigation diary that the officer keeps detailing step-by-step of the probe
Shafee: Do you keep an investigation diary when you investigate? When you investigate, you take a statement from witnesses, you recover documents, whatever you were doing, you have to keep an investigation diary. You can call it by other names. Do you have such documents? As a system
Farhan: Yes (I do), (it is called) investigation diary
Shafee: (Is it in) format as per the Criminal Procedure Code
Farhan: No. I'm not aware of the format
Shafee: (It is) required for investigation diary
Farhan: I'm not aware of that
Shafee: Under what provision you maintained the investigation diary? You must know. Because your investigation diary must have a borang number
Farhan: Sorry I have no idea
The 4th prosecution witness told the court that he had indeed keep an investigation diary, but it was no put as a part of his investigation paper
Farhan says the document was in his personal keeping and agreed to Shafee's question that the investigation diary was to make him less dependent on his memory
The cross-examination then goes with Shafee asking Farhan about documents and handphones that were seized during Bank Negara raid on Ambank Jalan Raja Chulan on July 6, 2015
Farhan testifies that the raiding party seized a total of 11 files from the bank, eight of which had been tendered in the court as evidence
All the files had then been handed over to MACC, he said
Shafee then asks Farhan on two handphones - a Blackberry and a Samsung - seized by the raiding team
The witness testifies that the Blackberry and a report of its analysis were handed over to MACC in August 2015
He, however, does not know what happened to the Samsung handphone
Shafee: Did you do forensics investigation before the hand over (to MACC)
Farhan: Personally no
Shafee: Not personally, Bank Negara
Farhan: I believe for the Blackberry, there was an instruction, because I saw Suzarizman handed over (the) report to MACC
Shafee: They extracted information from the Blackberry before giving to MACC
Farhan: Yes
Shafee: Extracted info from two phones? One Blackberry, one Samsung
Farhan: I'm not aware of SamsungShafee: From Blackberry
Farhan: I saw the report
The witness testifies that he saw the report and the items were given to MACC in Aug 2015, but did not keep a copy of the extraction report as "it was not necessary to my investigation"
Farhan (photo), to a question by Shafee, says he believed that Suzarizman would have the report in his keeping
To this, Shafee goes on to ask the witness whether he would know why the report had yet to reach the defence team
Shafee: You know why the report took so long to come? Why not coming to us now
Farhan: I have no idea
Shafee: You agree the report was generated from the raid. That's what puzzled me. This was generated in 2015. Is there a reason for the delay
There is no answer from Farhan before DPP Sithambaram interjects
Shafee then asks Farhan if he would agree that the content of the Blackberry is important to be preserved
Farhan:  "Yes"
I've power to investigate, not to examine Najib - witness 11.50am - Harvinderjit and Bank Negara officer Farhan start a fiery exchange on whether the 4th witness has the power to interview Najib in regards to the suspicious transactions seen in the former premier's accounts at Ambank Raja Chulan up to 2015
The lawyer asks Farhan on whether the latter, belonging to Bank Negara's Financial Intelligence and Enforcement Department, could have interviewed Najib over the transactions
The suspicious transactions were found by Bank Negara when it raided the commercial bank on July 6, 2015. Farhan was involved in the raid
The bank was later fined for failure to report the transactions to the central bank
Harvinderjit: You could have interviewed the account holder (Najib)
Farhan: No
When the lawyer makes reference to Sections 14 and 20 of the Anti-Money Laundering Act (Amla) in regard to Bank Negara's power of examination and investigation and equates to Farhan having the power to interview Najib over the transactions, the witness proceeds to correct him
"We are talking about examining, not investigation, my learned counsel
"Examining and investigating are two different things," Farhan says, triggering laughter from those present in court
Farhan says that he only has the power to investigate, not examine the account holder Najib over the matter
Suspicious transactions: Informing Najib amounts to 'tipping off'11.10am - Bank Negara officer Farhan says that even if Ambank Raja Chulan had reported suspicious transactions in Najib's account to Bank Negara as Suspicious Transaction Report (STR), the former premier would not be informed of this as it would amount to tipping off the account holder
He is answering during cross-examination by Shafee, who is asking the witness if Ambank had done its job in submitting the STR to the central bank in 2015, then Najib would have been duly informed of it
Farhan had overseen a Bank Negara team that raided Ambank Raja Chulan on July 6, 2015, and confiscated several bank documents, among them being ones on Najib's accounts
The commercial bank later that year was fined by Bank Negara for failure to submit STR over the suspicious transactions
Shafee: Do you agree that if Ambank had done their job in filing the STR, my client (Najib) would have been alerted as early as 2015 or even earlier on any suspicious transaction
Farhan: I disagree as that is tantamount to tipping off
Shafee: If Ambank had alerted (Bank Negara) on the transactions, and they got hammered with a fine (by Bank Negara), then it is possible that Bank Negara investigation or any other enforcement agency like MACC or police would have to call the account holder (Najib) to explain these suspicious transactions
Farhan: I have no comment as that is an inference question
When Shafee presses on with a similar question, Farhan breaks out into exasperated laughter, eliciting chuckles from others present in the courtroom
AmBank fined for not reporting suspicious transactions10.30am - Bank Negara officer Ahmad Farhan Sharifuddin testifies that subsequent to a Bank Negara raid on AmBank Raja Chulan on July 6, 2015, the commercial bank was fined over its failure to send a Suspicious Transaction Report (STR) to the central bank over transactions involving Najib's accounts there
The 4th witness, who is recalled today for cross-examination by the defence, says this when questioned by Harvinderjit (photo)
Harvinderjit: In your investigation, was the bank fined
Farhan: Yes
Harvinderjit: Since it is directly related to your investigation, what was the infringement (by Ambank Raja Chulan branch in Kuala Lumpur)
Farhan: It was for an offence of failure to submit Suspicious Transaction Report (STR) on Datuk Seri's (Najib) accounts (at the commercial bank)
Harvinderjit: For which transaction was it
Farhan: I cannot pinpoint a specific transaction
Harvinderjit: Was it for (transactions) pre or post 2013
Farhan: (Transactions from) opening and closing of the accounts. All transactions (in the period)
Farhan was involved in the raid on Ambank.  SRC didn't submit required information - witness10.10am - Amirul Imran Ahmat testifies that in his experience as KWAP officer, only SRC International had failed to submit documents and detailed information required by KWAP when applying for a loan with the retirement fund. He tells prosecutor Ishak Mohd Yusoff that no other company could get away without similar submissions
Ishak: In your experience serving with KWAP, was there any other company that did not submit all the documents and details of information like SRC, when they apply (for a loan) with KWAP
Amirul: No
Ishak: If they did not submit (the documents), their applications would not be approved
Amirul: Yes
During the cross-examination, the 29th prosecution witness is also asked why he disagrees with defence counsel Harvinderjit's suggestion that what SRC does with funds from KWAP is not the latter's business
Amirul tells the court that the asset agreement between KWAP and SRC was "just a syariah method to facilitate syariah compliance"
He testified that this was why the agreement was called between "financier and customer"
The question by Ishak was in response to Harvinderjit's question yesterday put to Amirul that KWAP has no business to know what SRC did with its funds as the entities had a syariah-based agreement under which SRC sold its asset to KWAP to secure a loan from the latter
Defence and witness continue to clash9.30am - Witness Amirul Imran Ahmat and defence counsel Harvinderjit Singh continue to clash during cross-examination, reminiscent of yesterday's proceedings
The latest clash comes over the utilisation of the RM2 billion loan facility by KWAP to SRC International in a manner that stretched beyond the initial agreement between the two entities
Harvinderjit: If funds were released on the same day and the account shows crediting of funds, it is very difficult to determine unless they have a forensic audit report
Amirul: It is not my job but it can be done
Harvinderjit: This can be done via forensic audit
Amirul: Among others
Their clash continues over the issue of approval linked to the government guarantee for the RM2 billion loan. Harvinderjit tells the witness that the latter has changed his answer
Harvinderjit: Yesterday you agreed. Now you change your answer
Amirul: I am not agreeing with (the) earlier statement
Harvinderjit: It is okay as you are changing your answer
9.10am - Najib is seen entering the dock as Shafee takes a seat at the front. Justice Nazlan then enters the court to start today's hearing
9.08am - Members of the defence team including Muhammad Shafee Abdullah (below), and his sidekick Harvinderjit Singh, starts filling in the seats
9am - Clad in a grey suit, former premier Najib Abdul Razak enters the courtroom and takes a seat at the front row of the public gallery
29th witness former Retirement Fund Incorporated (KWAP) officer Amirul Imran Ahmat is seen sitting in the witness stand while waiting to be cross-examined by Najib's defence team once proceedings start
8.52am - Attorney-General Tommy Thomas enters the court and takes a seat at the front with other members of the prosecution team as they await the commencement of proceedings
Najib Abdul Razak’s defence team will continue their cross-examination of a former Retirement Fund Incorporated (KWAP) officer on the 15th day of the former premier’s trial for abuse of power, criminal breach of trust and money laundering of SRC International Sdn Bhd’s RM42 million
Lawyer Harvinderjit Singh is expected to resume his questioning of 29th witness Amirul Imran Ahmat when hearing before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali starts at 9am this morning.Yesterday, Amirul, who was KWAP’s assistant vice-president (Fixed Income Department), testified that he had tried to limit the fund's loan to SRC International to RM1 billion in 2011, following its initial loan application for RM3.95 billion
He said in that year, he was tasked by his superiors to prepare a paper for deliberation by KWAP's investment panel
1MDB was SRC International's parent company at the time. KWAP is a pension fund for civil servants
Also part of the 1MDB delegation at the time was the executive director of finance Terrence Geh, general counsel Jasmine Loo and SRC International CEO Nik Faisal Ariff Kamil
Yesterday, amidst an occasional minor clash between Harvinderjit and Amirul, the 39-year-old witness testified that KWAP’s investment panel would have rejected the SRC International’s application for an RM3.95 billion loan if given the choice
The former subsidiary of 1MDB was, in the end, granted a total of RM4 billion loan by KWAP between August 2011 and March 2012
Amirul had also told the court that SRC International’s purported projects in the pipeline only looked good on paper when presented by its managing director Nik Faisal and finance executive director Geh
Amirul Imran AhmatHumour though managed to find its way through the normally serious proceedings when Amirul had the whole courtroom in stitches with his labelling of one Zahid Taib as a “multi-purpose guy for Nik Faisal”
Zahid, whom Amirul testified had never produced a business card, was a person whose name constantly appeared in the witness’ emails and other correspondences with SRC International in regard to the loan
Members of Najib’s defence team, the prosecution, and even the accused himself had a good laugh when DPP Ishak Mohd Yusoff showed Amirul a photograph of Nik Faisal for the purpose of identification, instead of the usual procedure of calling a witness to enter the court to be identified
Nik Faisal continues to remain at large despite being wanted by Malaysian authorities as a key figure in the case
-Mkini

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