Najib Trial Day 36 Defence Given Time To Read Reports On Seized Devices Data



The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 36th 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 information on judge, prosecution and defence teamKEY HIGHLIGHTSDefence given time to go through reports on seized devices' dataBank Negara analyst denies leaking AmBank officer's messages Defence questions Bank Negara analyst about AmBank raid, data conversionData extracted from AmBank officer's phone for Jho Low probe - witnessDigital forensics analyst from Bank Negara takes the stand'SRC applied to Najib for loan, despite being told to go through normal process'Former Treasury sec-gen: Normal for gov't projects to proceed before paperwork is completeNajib objected to SRC's bid to enlarge purpose of RM2b loan - witnessKWAP ex-chief: We had no reason to doubt Najib's signature on SRC letter Defence given time to go through reports on seized devices' data3.35pm - The prosecution's 46th witness, Bank Negara officer Shuzairizman Shuib, is temporarily released from the stand and ordered to return on Monday
This comes as the court allows an application by defence counsel Harvinderjit Singh to go through a bundle of reports the officer has prepared
Shuzairizman is an analyst attached to the digital forensics section of Bank Negara’s Financial Intelligence and Enforcement Department
The report contains digital data extracted from devices he confiscated during a Bank Negara raid of AmBank on July 6, 2015, and was received by the defence team several hours ago
Next, DPP Ashraf Adrin Kamaril tells the court that they will recall a previous witness, AmBank manager Wedani Senin
The court then takes a 10-minute break
Bank Negara officer denies leaking AmBank officer's messages3.27pm - Bank Negara's Financial Intelligence and Enforcement Department officer Shuzairizman Shuib denies having leaked messages and emails linked to the 1MDB-related probe in 2015
The messages and emails were derived from a BlackBerry seized from AmBank relationship manager Joanna Yu in 2015
The 46th witness states this when Najib Abdul Razak's defence counsel Harvinderjit Singh probes him during cross-examination
Harvinderjit: What happened in 2015, there was a leakage on BB (BlackBerry) messages and emails and so on, WhatsApp messages - where did they came from
Shuzairizman: I do not know
Harvinderjit: If you say that only you and the MACC have it (transcripts of messages from Yu's phone), the leakages were not from your side
Shuzairizman: Definitely not from me
In 2015, The Wall Street Journal ran a series of exclusive articles quoting sources within Malaysia, which made use of leaked AmBank communications
Defence questions Bank Negara analyst about AmBank raid, data conversion2.40pm - The hearing resumes after lunch break, with defence counsel Harvinderjit Singh continuing with his cross-examination of Bank Negara analyst Shuzairizman Shuib
It starts with the lawyer scrutinising the details into a raid by the central bank on AmBank on July 6, 2015 where Shuzairizman seized digital gadgets from three AmBank relationship managers
Shuzairizman is attached to the digital forensics section in Bank Negara’s financial intelligence and enforcement department
Harvinderjit's line of questioning also goes into how Shuzairizman had extracted data from a BlackBerry phone belonging to Joanna Yu, who is one of the managers in question, and turned it into a printed report. 1pm - Proceedings have paused for lunch and will resume at 2.30pm
Witness: Data extracted from AmBank officer's phone for Jho Low probe11.50am - Bank Negara officer Shuzairizman Shuib testifies that he extracted data from a confiscated BlackBerry phone based on a court order to facilitate investigations into wanted fugitive Low Taek Jho, better known as Jho Low
The phone was seized from AmBank relationship manager Joanna Yu on July 6, 2015
The 46th witness provides testimony on this during examination-in-chief by DPP Mohd Ashrof Adrin Kamarul
Shuzairizman, who is from the central bank's financial intelligence and enforcement division, is explaining his reason for extracting data from the phone, which was seized from Yu during a Bank Negara raid on AmBank’s Jalan Raja Chulan branch
Ashrof: In April and May that year (2015), you received information from (Bank Negara officer Ahmad) Farhan (Sharifuddin)
Shuzairizman: Yes, Farhan (who led the raid on AmBank) told me there was a court order, and a court order that involved me, to extract information from the BlackBerry Messenger (app)
Ashrof: Did Farhan explain the information (sought from the phone)
Shuzairizman: Yes, he showed me the names
Ashrof: Do you remember the names
Shuzairizman: Joanna, Krystle, Daniel, and Jho Low
Aside from Yu, Krystle Yap and Daniel Lee were among the names that previously cropped up in earlier testimonies on the raid. All three individuals were AmBank relationship managers
Low is being sought over his alleged central role in the 1MDB corruption scandal, which covers Najib's current case involving RM42 million of SRC International funds. Digital forensics analyst from Bank Negara takes the stand11.25am - The hearing resumes after a short break with the introduction of a new prosecution witness, Bank Negara officer Suzairizman Shuib.Suzairizman, who is an analyst with the central bank's digital forensics section, had confiscated digital devices from three AmBank officers during an operation on July 6, 2015
The three individuals are Joanna Yu, Krystle Yap and an officer identified only as "Daniel". Devices taken from the AmBank officers include a BlackBerry phone confiscated from Yu, which is of high interest in the trial.‘SRC applied to Najib for loan, despite being told to go through normal process’10.45am - Despite being told to go through the normal process to apply for a loan from Retirement Fund Inc (KWAP), SRC International still applied directly instead to then prime minister Najib Abdul Razak in 2011.Former KWAP chairperson Wan Abdul Aziz Wan Abdullah testifies this during re-examination by DPP Suhaimi Ibrahim
Suhaimi: Referring to Paragraph 16 of your Witness Statement, where you said you told (then Najib's special aide) Azlin Alias about SRC International's bid for a loan, you responded that SRC should go through the normal process, by writing formally to Azian (Mohd Noh, then KWAP CEO). In this case, the application was SRC's first loan (RM2 billion in 2011). Despite that response, to whom was the application made?Aziz: The application was directed to Najib Abdul Razak
Suhaimi: It was made to the then prime minister, not Azian
Aziz: Yes
Normal for gov't projects to proceed before paperwork is complete, says former Treasury sec-gen10.30am - Former Treasury secretary-general Wan Abdul Aziz Wan Abdullah testifies that there was nothing wrong with the Finance Ministry asking the Retirement Fund Incorporated (KWAP) to disburse an RM2 billion loan to SRC International in 2012 before the issuance of a government guarantee letter
Under cross-examination by lead defence counsel Muhammad Shafee Abdullah, the retiree agrees that the government had previously proceeded with project works before matters of paperwork had been finalised
This included projects under previous prime ministers, such as the Langkawi International Maritime and Aerospace Exhibition (Lima) project where several hotels on Langkawi Island were built before the land acquisition process had been completed, the court hears
During cross-examination, Shafee asks Aziz to compare previous projects to the Finance Ministry letter requesting KWAP to consider disbursing a loan to SRC International before the issuance of a government guarantee letter
Shafee: (referring to Finance Ministry letter) Isn't this the same issue of the government telling an entity that paperwork will follow, but to consider releasing (the loan) first? Quite analogous, not similar (to the other cases), but analogous
Aziz: Yes
Aziz also agrees that there was virtually no risk for KWAP to issue the loan first, as the matter involved three government-related entities
Najib objected to SRC's bid to enlarge purpose of RM2b loan - witness10.14am - Former Retirement Fund Inc (KWAP) chairperson Wan Abdul Aziz Wan Abdullah agrees with the defence's contention that then prime minister Najib Abdul Razak objected to SRC International's bid to amend the purpose of a second loan of RM2 billion from KWAP
During cross-examination by lawyer Farhan Read, the former Treasury secretary-general says that this is in relation to an April 12, 2012 meeting between KWAP, SRC International, and the Finance Ministry
Farhan: This meeting, it would not be right to say the meeting is an occasion to prepare (enlarge purpose of loan) about this matter. This meeting happened because a discrepancy (about the purpose of the loan) was picked by the legal department
Aziz: Yes
Farhan: (This was) the meeting where SRC sought the enlargement of the terms (purpose) but this was denied (by the other parties)
Aziz: Yes
Farhan: Najib was not okay with the SRC request to enlarge the terms
Aziz: Yes
Aziz also agrees with Farhan that the former premier had no intention to enlarge the terms, nor was there any malicious reason behind the discrepancy, as it could have been a clerical issue
He was referring to a purported discrepancy regarding the purpose of the second RM2 billion loan as agreed to by the cabinet in February 2012, when it consented to provide the government guarantee for the loan, and the actual initial loan terms
KWAP ex-chief: We had no reason to doubt Najib's signature on SRC letter 9.30am - The court hears from former chairperson of the Retirement Fund Incorporated (KWAP), Wan Abdul Aziz Wan Abdullah, that the fund's investment panel believed the authenticity of Najib Abdul Razak's signature on a document received from SRC International in 2012
Testifying under cross-examination by defence counsel Farhan Read, he agrees that they had no reason to doubt the then finance minister's signature on an SRC International directors’ circular resolution, which greenlit the company’s application for an additional RM2 billion from KWAP
Najib's signature on the paper purportedly served as an endorsement of SRC International’s request for the additional loan facility
However, Aziz also agrees that he did not see Najib signing the letter, and is in no position to confirm whether the former premier had signed the document himself
9.08am - Najib Abdul Razak enters the dock as proceedings begin.9.02am - The accused, Najib Abdul Razak, enters court and takes a seat in the public gallery to await proceedings to begin.Also seen at the front of the courtroom are his lead counsel Muhammad Shafee Abdullah and the rest of the defence team, as well as Attorney-General Tommy Thomas and other members of the prosecution.Najib Abdul Razak's defence team has only between 9am and 12pm today to wrap up their cross-examination of former Retirement Fund Inc (KWAP) chairperson Wan Abdul Aziz Wan Abdullah.This was what the former premier's lawyers were informed yesterday by Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, who reminded them in a deadpan manner that they have to wrap up questioning "way before lunch"
Putting aside the humorous reaction from court attendees over the judge's delivery of the reminder, the defence is expected to ask a tighter set of questions
Among parts of the 45th witness Aziz's testimony that the defence may take aim at are his testimony on his meetings with Najib in late 2011
This is crucial because following the meetings, KWAP's initial stance of only granting a RM1 billion loan to SRC International was then increased to RM2 billion in August 2011
KWAP is a pension fund for civil servants while SRC International was a subsidiary of the country’s troubled sovereign wealth fund 1MDB
Another oral evidence that may see further grilling is Aziz's testimony that the total RM4 billion loans issued by KWAP to SRC International between 2011 and 2012, cannot be utilised for social work, charity, political activities and personal use, which would contravene the loan agreement. - Mkini

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