Najib Trial Day 33 Najib S Ex Aide Said He Could Fix Issues Over Rm2b Loan Witness

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The criminal trial of former prime minister Najib Abdul Razak, involving the alleged misappropriation of funds from SRC International Sdn Bhd, enters its 33rd 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 HIGHLIGHTSNajib's ex-aide says he could fix issues over RM2b loan - witness'Treasury sec-gen refused to sign letter to KWAP, asked me to do it''Najib agreed to turn down SRC on loan usage, but cabinet memo says different''SRC offered one-paragraph justification for RM2b KWAP loan'SRC received special attention from Najib - ex-MOF officer'Inclusion of adviser emeritus changes SRC as a company'Suboh admits memory 'somewhat affected' by health problems'Nik Faisal's signatures on banking instructions also copy-and-paste'Court in recess as prosecution seeks evidenceSuboh says was no longer sought by MACC after giving statementSuboh: I was asked to leave country because 'misled' by ex-SRC CEO'No hanky panky' - Najib's lawyers defend taking exhibits out of courtNajib enters the dockNajib's ex-aide said he could fix issues over RM2b loan - witness4pm - The late Azlin Alias, former private secretary to Najib Abdul Razak, presented himself as someone who could fix any administrative issues – including SRC International's application for a government guarantee on its RM2 billion loan in August 2011
Former Finance Ministry officer Maliami Hamad says this during examination-in-chief by deputy public prosecutor Suhaimi Ibrahim
When Suhaimi asks him if this includes the application for a government guarantee for the RM2 billion loan from Retirement Fund Incorporated (KWAP), Maliami agrees
"In this context, the involvement of the late (Azlin) was to help Finance Ministry officers to prepare the cabinet paper, within hours. If there is a problem, he said he could help
"(This includes) the first (cabinet) paper for the first government guarantee in SRC International's application," he says
Maliami says that Azlin had promised at the time that if there was insufficient information of administrative issues related to cabinet approval, he could help settle it, and even speed up the process
'Treasury sec-gen refused to sign letter to KWAP, asked me to do it'3.50pm - Retired Finance Ministry officer Maliami Hamad says he signed a letter to the Retirement Fund Inc (KWAP) in 2012 under the order of then-Treasury secretary-general Wan Abd Aziz Wan Abdullah
Maliami, the division secretary for the Finance Ministry's Loan Management, Financial Market and Actuary Division at the time, testifies that Wan Abd Aziz had refused to sign the letter, which was addressed to then-KWAP CEO Azian Mohd Noh (photo)
The letter requested that KWAP disburse the RM2 billion loan amount to SRC International before the issuance of the government guarantee
Under examination-in-chief by deputy public prosecutor Suhaimi Ibrahim, Maliami says this was an extraordinary request, and that he had only seen in once in his seven years managing loan affairs in the ministry
Suhaimi: But why did you sign the letter in this case
Maliami: In the morning of March 28, I still remember that then-Treasury secretary-general Wan Abd Aziz had called me on the phone, requesting for the loan from KWAP to SRC International to be disbursed on the day
Thus, I prepared the draft for this letter (to KWAP) and went to see the Treasury secretary-general because the order came from him. I informed him that we needed to send a letter to KWAP. I met the Treasury secretary-general, and he saw the letter and he agreed
Initially, I put his name as a signatory (of the letter), but the Treasury secretary-general asked me to sign it (instead)
Suhaimi: You know this is not the normal practice
Maliami: This was the first time, never happened before. Because by that time, the letter of guarantee was not signed yet, and was still with solicitors
Suhaimi: Then why did you agree to sign the letter informing KWAP to disburse (the loan)
Maliami: At my level, my communication is only up to the level of Treasury secretary-general. Whatever order is given by the Treasury secretary-general, as the officer in charge of (handling) government guarantees, I had to follow
At that time, he told me the disbursement needed to be expedited, he mentioned that this was because the prime minister asked for it to be so. That was all he said
'Najib agreed to turn down SRC on loan usage, but cabinet memo says different'3.40pm - Najib Abdul Razak had agreed to a 2012 memo from then-Treasury secretary-general Wan Abd Aziz Wan Abdullah on rejecting an application from SRC International on how it would use the funds it was loaned
Specifically, this relates to SRC International's application to widen the scope of what the second RM2 billion tranche of its loan from Retirement Fund Inc (KWAP) could be used for
Former Finance Ministry officer Maliami Hamad testifies that Najib (photo), the then-prime minister and finance minister, agreed to a memo on SRC International using its loan in accordance with a cabinet decision on Feb 8, 2012
For the record, the cabinet on that date approved its second government guarantee for SRC International to secure a second RM2 billion loan for investment in the natural resources sector
According to Maliami, the company wanted the funds to also cover its working capital. The words "working capital" were included in the loan agreement signed between SRC International and KWAP
The witness tells the court that SRC International met with the Finance Ministry and KWAP on April 12, 2012 over this request, after which Wan Abd Aziz issued the memo
"In the meeting with SRC International and KWAP, SRC International representatives asked for the loan utilisation purpose to be widened to include working capital," Maliami testifies, reading from the memo
"However, the request shall not be considered as it was not in line with the cabinet decision (on Feb 8, 2012)
"Second, amendments (should) be made on the loan agreement in line with the above recommendation through an additional agreement before a guarantee letter is issued to KWAP."Maliami says the memo was later referred to Najib, who agreed with Wan Abd Aziz's recommendations
However, the witness then tells the court that a later cabinet memo, which was signed by Najib on May 11, 2012, stated otherwise
Maliami agrees to a suggestion by deputy public prosecutor Suhaimi Ibrahim that this memo to cabinet requested amending the loan utilisation purpose to include working capital for SRC International
The cabinet later approved the amendment, she adds
'SRC offered one-paragraph justification for RM2b KWAP loan'3.30pm - A former Finance Ministry officer testifies that SRC International's application for a government guarantee for the first RM2 billion tranche of its loan from Retirement Fund Inc (KWAP) in late 2011 was merely one paragraph
During examination-in-chief by deputy public prosecutor Suhaimi Ibrahim, the 43rd witness says that the paragraph was insufficient to be presented in a paper to cabinet
Suhaimi: Did you have the opportunity then to check the requirement in the government guarantee, in line with what was sought by SRC International through (then-CEO) Nik Faisal Ariff Kamil at the time
Maliami: At the time, the information given to me was limited. The letter (from SRC International applying for the government guarantee) only had two things: Terms of the loan and justification for the loan, which was only one paragraph. This was not enough to be presented to the cabinet
The justification merely reads out as "the purpose of the government guarantee is to ensure continuous energy resources (sumber tenaga berterusan) in the period for this country to ensure the country's development."This information was quite limited, and not enough for the cabinet (to consider whether to approve the guarantee).  SRC received special attention from Najib - MOF officer3.15pm: SRC International's application for government guarantees on its two loans in 2011 and 2012 were processed quickly as the company received special attention from then-prime minister Najib Abdul Razak
Maliami Hamad, former division secretary for the Finance Ministry's Loan Management, Financial Market and Actuary Division at the time, testifies that this was the reason given to him by the Treasury secretary-general when told to speed up the application process
While Maliami did not explicitly name his then-superior, Wan Abd Aziz Wan Abdullah served as the Treasury secretary-general when the cabinet approved the guarantees for the SRC International loans
"During the two applications (for loan guarantees), I was asked by my subordinate officer Afidah Azwa why these needed to be processed in a hurry," he says during examination-in-chief by deputy public prosecutor Suhaimi Ibrahim
"This was because Afidah did not have enough time to verify information received from SRC International before they were put into the cabinet memo to be tabled in the cabinet meeting
"I informed (her) that the order I received from the Treasury secretary-general was to do it as soon as possible, because SRC International receives special attention from prime minister Najib himself, and that the need for the funds was urgent."2.37pm - Proceedings resume after the lunch break
1pm - The prosecution tells the court that it has completed the re-examination of witness Suboh Md Yassin (photo), and requests for the hearing to break for lunch before continuing with its next witness
Justice Mohd Nazlan Mohd Ghazali orders for proceedings to resume at 2.30pm
'Inclusion of adviser emeritus changed SRC as a company'12.50pm - The insertion of Article 117 into SRC International's articles of association for the appointment of an adviser emeritus changed its character, the court hears
Suboh Md Yassin, a former non-executive director, testifies under re-examination by deputy public prosecutor V Sithambaram that SRC International was no longer a "normal company" after the article was introduced
Suboh: The insertion of Article 117 changed the makeup. No more a normal company. It has that article... You have to, in order to operate, you have to seek instruction from whoever is sitting there
Sithambaram: This adviser emeritus, who is he
Suboh: He was the prime minister then
Sithambaram: And just for the record, who was the prime minister then
Suboh: Datuk Seri Najib (Abdul Razak)
The witness then testifies that neither SRC International nor its subsidiary Gandingan Mentari lodged any reports with authorities over its losses
Sithambaram: These transactions were all carried out, from what we have shown you, between 2014 and 2015. And these involved hundreds of millions of ringgit. Did SRC International or Gandingan Mentari make any report of the funds stolen from accounts
Suboh: No
Sithambaram: Are you aware if SRC International or Gandingan Mentari took any legal action against the bank
Suboh: Not that I know of
Suboh admits memory 'somewhat affected' by health problems11.31am - Prosecution witness Suboh Md Yassin admits that his memory has been somewhat affected by a stroke and bypass procedure
The former SRC International director admits this during re-examination by deputy public prosecutor V Sithambaram
"My health is not very good, as a result of a bypass and stroke. It affected my throat, my ability to swallow
"My memory is somewhat affected," the 68-year-old tells the court
'Nik Faisal's signatures on banking instructions also copy-and-paste'10.45am - The signatures of former SRC International CEO Nik Faisal Ariff Kamil (photo) on banking instructions to AmIslamic Bank in 2014 and 2015 also appear to have been copied and pasted, the court hears
Under cross-examination by deputy public prosecutor V Sithambaram, former SRC International director Suboh Md Yassin agrees that Nik Faisal's signatures on bank documents tendered in the court look identical
This comes after Sithambaram projects Nik Faisal's signatures onto a screen. The same method was previously employed by the defence to compare Suboh's signatures on the same bank documents
Last week, the witness agreed when the defence suggested that his own signatures were copied and pasted from an original
Sithambaram: So first (I showed you) a set of four, then show you 10. You agree, looking at those signatures, it appears that someone has copied and pasted Nik Faisal's signature, just like yours
Suboh: Yes
Sithambaram: So it could mean Nik Faisal did not sign all 14 Rentas (real-time electronic transfer of funds and securities system) documents
Suboh: Yes
During this process, however, Shafee rises from his seat to remind Sithambaram not to ask direct questions during re-examination
The deputy public prosecutor defends his line of questioning, however, and tells the court that he is questioning the witness about direct evidence tendered in court
Court in recess as prosecution seeks evidence10.45am - As the defence tells the court that they have finished cross-examining Suboh Md Yassin, deputy public prosecutor V Sithambaram requests for a break to let court assistants set up a projector and obtain original documents which are being photocopied by the defence
Sithambaram tells the court that he needs the documents and the projector for his re-examination of the witness
Before allowing for a short recess, Justice Mohd Nazlan Mohd Ghazali then asks the prosecution if there are any updates in their bid to request for a postponement of accused Najib Abdul Razak's 1MDB trial
Attorney-General Tommy Thomas informs the court that Justice Collin Lawrence Sequerah earlier turned down the application, and that the 1MDB hearing would commence on Aug 19
The court then adjourns for a short break
Suboh says was no longer sought by MACC after giving statement10.30am - Former SRC International director Suboh Md Yassin (photo) testifies that after his statement was taken by the MACC in Abu Dhabi in 2015, he was no longer sought by SRC International case investigators – even after his return to the country after spending over a month fleeing from authorities
As he says under cross-examination from lead defence counsel Muhammad Shafee Abdullah, this was up until May 2018, when he was called to have his statement recorded again several weeks after the change of the government
Shafee: When you came back in 2015 to Malaysia, were you aware you were still wanted by the MACC
Suboh: I was not
Shafee: Were you being sought by the MACC after coming back? Suboh: No
During the hearing, Suboh also agrees to Shafee's suggestion for the court to obtain his travel details and determine how long he had spent overseas in 2015 and 2018
This follows the witness being unable to remember how long he spent abroad when fleeing in 2015, and when he left for Indonesia for vacation on the day of the last general election
Suboh: I was asked to leave country because 'misled' by ex-SRC CEO10.20am - Former SRC International director Suboh Md Yassin agrees with defence lawyer Muhammad Shafee Abdullah's contention that he was asked to leave the country in 2015 as he was misled by then-CEO Nik Faisal Ariff Kamil into believing he did something wrong
Shafee: I put it to you that Nik Faisal misled you at that time... he misled you into thinking you did something wrong, and to bring down the temperature, he suggested you go away
Suboh: Yes
Shafee is referring to Suboh's signatures on 17 banking instructions for the transfer of millions of ringgit between SRC International, subsidiary Gandingan Mentari and CSR partner Ihsan Perdana between 2014 and 2015, among others
Earlier, the witness reiterated that he never asked Nik Faisal why he was asked to flee Malaysia and take refuge in Bangkok and Abu Dhabi
'No hanky panky' - Najib's lawyers defend taking exhibits out of court9.39am - Deputy public prosecutor V Sithambaram says that the defence taking 17 slides of exhibits out of court last Wednesday may amount to tampering of evidence
He is referring to 17 slides of bank instructions for the transfer of millions of ringgit between SRC International, subsidiary Gandingan Mentari, and CSR partner Ihsan Perdana
Sithambaram points out that despite the importance of these documents to the proceedings, the slides are missing from court today
These slides were used by the defence last week to try and prove that former SRC International director Suboh Md Yassin's signatures had been forged between 2014 and 2015 to authorise the transfers
"All these documents are important, as if not in court, it may amount to tampering
"This is important as a police report had been made, but the exhibits are not here," he says before judge Mohd Nazlan Mohd Ghazali
Lead counsel Muhammad Shafee Abdullah (photo) explains that the slides were taken out because the defence wanted to make photocopies in a shop located outside the court. "There is no hanky panky here, as someone has to photostat it," Shafee says
Defence lawyer Harvinderjit Singh then jumps in and says there is no issue of tampering, especially in light of the importance of the slides in terms of Suboh's changed testimony
Attorney-General Tommy Thomas counters that as the court is the natural custodian of exhibits, any attempt to remove these from court needs to be done in an open and transparent manner
The judge then asks the defence to obtain permission from the court before removing any exhibits
Najib enters the dock9.38am - Najib Abdul Razak enters the dock as proceedings begin
9.30am - Najib's lead defence counsel Muhammad Shafee Abdullah enters the court. He is seen greeting other members of the defence team while waiting for proceedings to begin
9.24am - Former prime minister Najib Abdul Razak enters court and takes a seat in the front row of the public gallery
Earlier, Najib attended a separate mention of his 1MDB case before judge Collin Lawrence Sequerah
Also seen in court are Attorney-General Tommy Thomas and other members of the prosecution, as well as Najib's defence counsel Yusof Zainal Abiden and other members of the defence
Is former SRC International director Suboh Md Yassin's testimony helping bolster former premier's Najib Abdul Razak's defence in his abuse of power, corruption and money laundering trial involving RM42 million from the company
This is what lead defence counsel Muhammad Shafee Abdullah implied would be the case, as his client's trial enters its 33rd day before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali
After proceedings on July 3, Shafee told the media that Suboh, the 42nd witness, is the answer to proving Najib's innocence
Over the course of last week, the 68-year-old Suboh agreed with the defence's assertion that his signature on 17 banking instructions between 2014 and 2015 had been forged
Suboh also testified that he was not aware of the related transactions, which involved authorisation of transfers of millions of ringgit linked to the accounts of SRC International, subsidiary Gandingan Mentari, and CSR partner Ihsan Perdana, among others
However, the witness' oral evidence that SRC International CEO Nik Faisal Ariff Kamil emboldened action as though he had a "mountain behind him," may be among testimony that may be further probed by the prosecution during its re-examination of Suboh
- Mkini

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