Najib Trial Day 48 Outside Nik Faisal S Mandate To Instruct Intra Account Transfers



The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 48th 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 HIGHLIGHTS'Outside Nik Faisal's mandate to instruct intra-account transfers'Witness can't confirm if Najib actually signed fund reversal letterNik Faisal's signature not enough to reverse transfers of RM32m'Jho Low said Najib didn't want to close his AmBank accounts'Jho Low asked witness to undo RM27m transfer into Najib's account Bid to strike out application for Najib to apologise to be heard Aug 9Thank you for following Malaysiakini's live report5.15pm - Thank you for following our live report today
Court adjourns for the day5.08pm - Lawyer Harvinderjit Singh informs the court he has another one hour's worth of cross-examination to conduct on former AmBank customer relationship manager Joanna Yu
He tells Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali this on the defence asking for proceedings be adjourned to tomorrow
Harvinderjit: I've got another hour to go, seek an adjournment to tomorrow
Nazlan: One hour
Harvinderjit: Yes
Nazlan: 9am (tomorrow)
Proceedings then are adjourned to tomorrow at 9am
'Outside Nik Faisal's mandate to instruct intra-account transfers'4.40pm - Former AmBank customer relationship manager Joanna Yu agrees that it appears to be outside Nik Faisal Ariff Kamil's mandate to instruct transfers out of Najib Abdul Razak's accounts
The witness says this under cross-examination by lawyer Harvinderjit Singh (photo) in reference to a mandate letter
Harvinderjit: You agree that the mandate to Nik Faisal was to produce written instruction on cashiers orders and so forth, it did not say intra-account transfers
Yu: It does not say (intra-account transfers)
Harvinderjit: So this is outside the mandate of Nik Faisal
Yu: Have to check with the branch
Harvinderjit: You agree (based on exhibits of mandate letters to Nik Faisal)
Yu: Yes
She also agrees that the other mandate letters to Nik Faisal, the former SRC International CEO, state the same
Harvinderjit had earlier questioned her over the various transfers worth millions of ringgit in and out of Najib's AmBank accounts in 2014, which are and linked to Putra Perdana Construction and Permai Binaraya
Witness can't confirm if Najib actually signed fund reversal letter3.35pm - The court earlier heard that to reverse two transfers worth a total of RM32 million, Low Taek Jho had arranged for an instruction letter purportedly signed by the accused, Najib Abdul Razak (photo)
Defence lawyer Harvinderjit Singh challenges this in his cross-examination of former AmBank customer relationship manager Joanna Yu
Based on a series of chats between Yu and Low on Dec 24, 2014, Harvinderjit tries to establish that Low returned a scanned copy of the letter with Najib's signature just a minute after Yu emailed him the draft
Although Yu cannot confirm this, she agrees that it is impossible for someone to get this done in a minute
She later agrees that she cannot confirm if the letter was really signed by Najib
"I didn't see him sign (the letter)," she says
Nik Faisal's signature not enough to reverse transfers of RM32m3.15pm - The court hears that 1MDB-linked businessperson Low Taek Jho had difficulty reversing a total of RM32 million in transfers credited into the bank accounts of former premier Najib Abdul Razak in 2014
Former AmBank customer relationship manager Joanna Yu reveals that the problem stemmed from the insufficiency of Nik Faisal Ariff Kamil's mandate to issue such instructions to AmBank
Low (above) had wanted AmBank to reverse a transfer of RM27 million from Permai Binaraya Sdn Bhd into Najib's acocunt ending 880, and another RM5 million from Putra Perdana Construction into his account ending 906
Although Nik Faisal was mandated to operate Najib's three AmBank accounts, he was only authorised to instruct transfers between said accounts, but not to transfer any funds out
Because of this limitation, Low ordered Yu to prepare a letter of instruction for Najib to sign
The witness says that Low wanted the remittance to take effect before the end of 2014. As such, he said this the copy of the instruction letter signed by Najib would first be sent to AmBank, followed by the original
'Jho Low said Najib didn't want to close his AmBank accounts'2.55pm - 1MDB-linked businessperson Low Taek Jho told witness Joanna Yu in December 2014 that former premier Najib Abdul Razak did not want to close his accounts with AmBank
Under cross-examination by defence lawyer Harvinderjit Singh, Yu confirms that the conversation with Low took place via a BlackBerry Messenger chat on Dec 20 that year
Yu, a former AmBank customer relationship manager, said that Low instructed her to prepare an instruction letter for AmBank the following day to reverse RM27 million and RM5 million credited into Najib's 880 and 906 accounts
Low also told her to prepare the draft of the letter so that former SRC International CEO Nik Faisal Ariff Kamil could sign and send it to the bank
Nik Faisal was person mandated to operate Najib's AmBank accounts
Jho Low asked witness to undo RM27m transfer into Najib's account 2.30pm - Former AmBank customer relationship manager Joanna Yu testifies that between Aug 21 and Sept 2, 2014, Low Taek Jho told her to reverse a transfer of RM27 million into Najib Abdul Razak's AmBank account ending in 880
Yu agrees with defence lawyer Harvinderjit Singh that the 1MDB-linked fugitive told her this during that period
She also agrees that this is in reference to the RM27 million transfer from Putra Perdana Construction to Permai Binaraya and then to Najib's account
Bid to strike out application for Najib to apologise to be heard on Friday2.24pm - Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali sets Aug 9 to hear an application to strike out the bid to have Najib Abdul Razak apologise for two Facebook posts
Nazlan fixes the date as next Monday is Hari Raya Aidiladha, a public holiday
Both Attorney-General Tommy Thomas and lead defence counsel Muhammad Shafee Abdullah raise no objection to the hearing date
The prosecution's application is in relation to two of Najib's Facebook posts deemed sub judice to the ongoing trial
2.23pm - Proceedings begin. 2.08pm - The accused, Najib Abdul Razak, enters the dock to await the beginning of proceedings
Also seen in court are Attorney-General Tommy Thomas and his team of deputy public prosecutors, as well as lead defence counsel Muhammad Shafee Abdullah, and members of the defence
The 54th witness, former AmBank customer relationship manager Joanna Yu, is seen in the witness stand
The 48th day of Najib Abdul Razak's RM42 million SRC International trial will begin at 2pm today rather than the customary 9am
Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali set this schedule to allow prosecutors and defence lawyers to attend a Court of Appeal hearing regarding their appeal to postpone another trial involving the former premier
The trial concerns the alleged misappropriation of RM2.28 billion from state fund 1MDB, and is set to be heard before High Court judge Collin Lawrence Sequerah on Aug 19. With less than two weeks to go before Najib's 1MDB trial begins, both prosecutors and defence lawyers were worried about a clash with the present hearing
54th prosecution witness and former AmBank relationship manager Joanna Yu is set to take the stand again this afternoon for cross-examination, and further witnesses may be called
As such, there are concerns over whether the prosecution stage of the present trial will be completed by Aug 19
It was reported earlier today that the Court of Appeal had rejected the bid to postponethe 1MDB trial.  - Mkini

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