Najib's testimony at SRC trial (Part 1: Q1 to Q101)

Dato Najib began his defense reading a 243 page written testimony with 317 questions from December 3rd till Monday last week, December 9th.

Attorney General, Tan Sri Tommy Thomas began cross examining Najib on Tuesday December 10th till Wednesday December 11th last week where he subsequently seek postphonement to enable him to study the testimony. Actually, he was unable to understand Najib's testimony in Malay. That resulted in him fumbling aimlessly with his questions and it looked inconsistent and comedic.

He will resume cross examination on Wednesday December 18th. In the meanwhile, this blogger manage to get a transcript of the written testimony and sharing it in three parts.

While Tommy concoct his questions from the same materials, readers can analyse the answers already given and not rely on abridged versions from media propaganda and pro-government social media spinning.

Sorry to any Tommy clones out there. It is in Bahasa Melayu. Part 1 below:

Najib's testimony at SRC trial (Part 2: Q102 to Q215)

In Part 1, Dato Najib started by providing background information on his personal background and his responsibilities as Prime Minister and Minister of Finance.

During cross-examination, Attorney General, Tan Sri Tommy Thomas tried to dispute his credibility but felt short as it would have put the PH government on stand for poor management of the economy. Najib went on to provide background information on the establishment of TIA-1MDB, Jho Low and his roles, and establishment, role and fund raising exercise of SRC.

Then it went into the issues of financing from KWAP, RM1.5 billion AABAR-SRC JV, and questionable transfer of RM300 million to a investment fund in Hong Kong. Finally, he touched on the takeover of SRC from 1MDB by MOF Inc.

Still in Malay to the chagrin of Tommy, the testimony continues with Part 2 on the explanation regarding SRC second guarantee from MOF, extra RM2 billion loan from KWAP, and Advisor Emaritus status. Najib revealed documents bearing his faked signatures, Nik Faisal, Jho Low, Dato Husni Hanadzlah, Joanna Yu, and AMMB account 694.

Injustice revealed: Najib did not receive a fair trial

The conspirators

Malay Mail Online reported the following in mid-morning today: 

 

Just days before SRC appeal decision, Najib asks court to take new evidence from MACC chief, investigator

Malay Mail Online

Thursday, 02 Dec 2021 10:08 AM MYT

BY IDA LIM AND KENNETH TEE

KUALA LUMPUR, Dec 2 — Former prime minister Datuk Seri Najib Razak has asked the Court of Appeal to allow new evidence to be included in his appeal against his conviction, fine and jail sentence for misappropriating RM42 million from former 1Malaysia Development Berhad (1MDB) subsidiary SRC International Sdn Bhd.

Najib’s application was filed yesterday, or just seven days before the Court of Appeal was scheduled to decide his appeal on December 8.

Based on court documents sighted by Malay Mail, Najib is applying for the Court of Appeal to allow and to direct for viva voce evidence to be taken from Malaysian Anti-Corruption Commission (MACC) chief Datuk Seri Azam Baki, or essentially for the anti-corruption chief to be asked to give oral evidence in relation to the SRC case.

Najib is also applying for further oral evidence to be taken from MACC investigating officer Rosli Hussein in the SRC case.

Is there a mystery hand orchestrating the SRC deposit, BMM raid, and leak to WSJ?

In a previous posting HERE, doubt was raised on a BNM officer ability to quote exact clause of the law contravened in his police report about half an hour after the raid on Ambank office.

The subsequent witnesses seemed be giving glowing words of Dato Najib's generosity that a commentator twitter asked where is the part Najib is the "pencuri, penyamun dan perompak" (thief, bandit and robber)?

Husin Lempoyang hinted Mahathir's "mencuri, menyamun dan merompak" or his plundered wealth can be seen in his children.

Today's witness, Umi Devi spent a whole day reading from text. Who prepared for the bank officer? Why was she allowed to read prepared text instead of being cross examined by the DPP? Does she has hearing problem thus could not do a Q&A?

Yesterday, prosecutor raised a pertinent issue, in which RM42 million of RM104 million of SRC money went to Najib's account, but what happen to the rest?

MMO reported:

Not in Mahathir's life will Najib be acquited [Updated]

In a matter of few hours, High Court judge, Dato Mohd Nazlan Ghazali will deliver his decision on whether there is prima facie and Dato Najib will be required to put a defense.

We are now at the parking lot of the Jalan Duta to hear the decision.

Many months ago, a chance meeting in Bangsar with one of the defense council claimed Najib should be absolved but Tun Dr Mahathir will not allow for it.

SRC is a low lying case to prove Pakatan Harapan allegations on 1MDB and SRC against Najib since 2015.

Najib can afford a smile of relief

After few years of disappearance, the lady facebooker, who defended 1MDB galantly, Lim Sian See has returned to the social media. Her latest is on US goverment blocking Dato Najib access to court document related to Goldman Sach admitance to giving bribes to 1MDB and government officials.

Soldier such as former JASA officer, vocal and combative, Tun Faisal turned his back to attack Najib, openly collaborating with PPBM to topple Dato Zahid Hamidi, and not shy to support UMNO-oppressing Tan Sri Muhyiddin and his Perikatan Nasional government.

LSS remained steadfast and loyal to the cause than the many other Melayus. Recently she wrote her view on SRC for the upcoming ppeal date. (reproduced at end of this posting). Could her re-emergence be a sign of renewed confidence for Najib as he faced the harassment of legal charges?

Last Monday, Najib can afford to smile in court on the AMLA related court application involving the police raid against him from the night of the first Ramadhan in 2018. Its giving police, MACC and prosecutor quite an embarassment.

Zeti expose, Goldman Sach case in US, Ambank fines, and the AMLA cases against UMNO, few divisions, and leaders are showing it was political persecution all along.

SRC trail: Negated are the "witness tampered" testimonies

Last week or two saw a chorus of KWAP's witnesses gave testimonies that seemed scripted to pin on Najib.

It started with the wide media coverage to the testimony of the 29th witness, AVP Amirul Imran Ahmat, and confirmed by witnesses #33, Ambalagam Marapan and witness #34, Amirah Muhammad Nor.

However, Amirah was caught by defense lawyer giving testimony similarly worded as Ambalagam. She admitted MACC assisted with the choice of words or as quoted in Malay, "...SPRM telah bantu saya dengan ayatnya saja."

A lawyer cautioned in jest against accusing MACC tampering with the witness, but "assisting with words" was the way to put it when caught being coached.

Travesty of Justice: First time in history

Lim Sian See

22 Ogos jam 9:26 PG

Twelve incredible "first time in history" events in the SRC trial.

1. First time ever in history of Malaysia that a former PM is charged for corruption.

This is not surprising as this is the core campaign platform of PH to win power in GE14. For good measure, Najib was charged by the PH and PN governments with 5 separate criminal corruption cases (SRC 1, SRC 2, 1MDB-Tanore, 1MDB-IPIC, 1MDB audit) and also 5 separate civil cases (forfeiture of RM114m, forfeiture of goods, RM1.7b tax claim/bankruptcy, SRC civil damages claim of RM5.8 billion and 1MDB civil damages claim of RM35.8 billion).

In fact, given the 9 other cases that are running concurrently and to allow for multiple delays in two years of Covid, the very complicated SRC trial has actually moved very fast - much faster than Anwar's much simpler Sodomy II trial which took 6 years.

Prosecution's last hope today for SRC case

At the start of the SRC trial against Dato Najib, this blog repeatedly wrote the SRC allegation does not hold up under Penal Code 403 for misappropriation of property.

It was the original charge planned and leaked by Sarawak Report.

Last week, the last witness for prosecution from MACC, Senior Assistant Commissioner (Special Operations Division), Rosli Husain, said their lead to investigate came from SR but did not seek Clare Rewcastle for statement. He did not even bothered to find out of leakages in MACC investigation.

Duh! His lead was not even from the more credible Wall Street Journal, but the spinning and highly manipulative SR.

It smells conspiracy to high heaven.

Romen Bose on SRC Federal Court appeal

The weekend before the Federal Court final appeal began, Romen Bose; the former AFP reporter, former PMO and writer of the book Final Reckoning, he posted a status on his Facebook entitled: "Is this really justice?" 

Last night, he updated with "The Silence is Defeaning."

For many years, he saw from inside the Prime Minister's Office the events, including the deceipts and betrayals, leading to the fall of the BN government in his book.

We are now witnessing the long anticipated endgame to imprison Najib Tun Razak, which would indirectly shame and the great legacy of his father Tun Abdul Razak bin Dato Hussein.

Al Fatihah. May Allah guide us all back to the straight and rightful path.

If Nazlan couldn't explained for money in account ...

On May 21st recently, MACC announced they have submitted their Investigation Paper on Justice Dato Nazlan Ghazali to the Attorney General. 

Two days earlier, one of the recently vocal five former Bar Council Presidents defending Nazlan, namely Dato Mah Weng Kwai demanded MACC to reveal their investigation. 

It is a strange request. 

As a former Court of Appeal judge and protege to Dato Eusoff Chin of the infamous VK Lingam tape judicial scandal, Mah knows well that MACC could not reveal their investigation to the public. It is only for the purview of the Attorney General. 

Unlike after GE14, there is more confidence that MACC's IP represent the investigation body's own probe. 

MACC today is not led by a PH-appointed politician. Dato Seri Gopal Sri Ram does not have an office there as rumoured when PH new government was then in a hurry to pin charges against Najib and Rosmah.  

Mah's request indicate he is aware the investigation Bar tried to obstruct went ahead despite Ambiga-led public pressure to protect uncle Sri Ram from having his cover blown. 

And, Mah's flip flop could also indicate he sensed there is justified concern against Nazlan.  

Could Justice Nazlan's SRC verdict be free from politics?

To most Malaysians, politics interfere in every aspect of Malaysian life including in the court of justice.

More so,  Tun Dr Mahathir had no respect for the law and had the reputation of interfering in the judiciary. This time using Dato Gopal Sri Ram.

Dato Nazlan Ghazali was aware his reputation was tarnished by Gopal's claim to members of the legal community that Nazlan was "his boy". Apparently, he is not the only victim of Gopal's manipulative and bully tactics to impose himself on other judges and lawyers.

Tan Sri Apandi Ali revealed on his FB in mid-June of Gopal Sri Ram "sent to see him in January 2018 by Tun Dr Mahathir Mohamad to persuade him to arrest Najib, the then prime minister".

Gopal kept silent and only responded three weeks later to brushed it off as self corroboration and meant to frustrate his 1MDB trial. Apandi said he has proofs and responded with a 59 page affidavit. No reply from Gopal yet.

Be that as it may. It is undeniably an indication that politics could influence the outcome of the SRC case.

Najib's testimony at SRC trial (Part 3: Q216 to Q317)

Part 2 ended with questions regarding money remitted into Account 694 amounting to approximately USD100 million from Prince Faisal bin Turki and Ministry of Finance of Saudi Arabia in 2011, and USD270 million from Prince Faisal bin Turki and Blackstone Real Estate Partner Asia Ltd. .

In both the trasnfer, Jho Low had confirmed the transfer to Joanna Yu of AMMB and late Dato Adlin Alias informed Dato Najib of the transfer. Najib told the court the alleged donation is generally meant for CSR.

Part 3 continues with transfer into Account 694 from Tanore Finance Corp ammounting to approximately USD681 million in 2013. Najib claim to be aware of the money when MACC recorded his statement and his lawyers secured the documents. However, requested the money be returned back as it is too much.

Najib had entrusted the management and monitoring of the accounts to late Dato Adlin Alias. He claimed not in the know on most aspect of the accounts. He was only told of the closure of accounts 694 and thought balance money transfered to the three new accounts. The accounts had incidents of overdrawn and by 2014, Blackrock and Vista transfered equivalent of RM49 million into the account.

BNM was informed of these transfers and Tan Sri Zeti should be in the know. The rest of the testimony delved in the spending of the money and collusion between Jho Low, Yoanna Yu and Ung Su Ling. He believed Adlin was also cheated by Jho Low and company.

Continued from Part 1, and Part 2, more in the final Part 3 as below:

Of broken chain of evidence and judicial process in doubt

The prosecution witness for Najib's first day court appearance for the 1MDB-Tanore case since started his sentence on Wednesday was Siti Zauyah Mohd Desa, the Deputy Secretary-General. 

She admitted not knowing the accuracy and authenticity of her statement as it was prepared. Its typical heresay rampantly used as evidence by the prosecution in the SRC case and believed it was used by Nazlan in his judgement together with his presumptions like no thank you note. Commonly allowed to be  heard in court are claims as such as "I assumed the order was from Najib", "XXX told me that Najib said this", etc.

Ironically, the Federal Court accepted the argument new evidence to be forwarded by Najib as heresay or after thought without flicking their ear flab to give a listen.

There is a mountain of doubts of minute details. For one, why is only Najib is being charged when tthose clearly revealed to be implicated are not charged or even protected by the Federal Court.

That is the optic seen by the non-prejudicial and off course, the pro-Najib side. The judicial discrepancy is too apparent to any casual observer that a social media commentator described as Constitutional crisis.

The old fox haunted by sins of judicial past

When Dato Seri Anwar Ibrahim reacted to Raja Petra's expose on Justice Dato' Nazlan Ghazali's wrongdoing and MACC statement claiming they are authorised to investigate corruption allegations against judges, Tun Dr Mahathir was not chorusing with the rest. 

He was not attacking MACC as meddling into judicial affair or questioning their authority to investigate or latest narrative of judicial intimidation. Neither did he attempt to deny Nazlan is conflicted nor vouch for his innocence. 

Instead Mahathir strangely went into another of his typical tantrum towards Dato Seri Najib on twitter. 

Najib imprisonment the edge Mahathir need to win GE - Indian portal

Depriving Najib Razak of fair trial may have ramifications for Malaysia 

With the general elections imminent, Mahathir Mohamad and his compatriots firmly believe that Najib’s incarceration would give them the political edge that they desperately need 

Anand Murgun, Firstpost  

August 20, 2022 19:46:42 IST 

For nine years prior to this watershed moment, Malaysia, under the administration of Najib Razak, witnessed some of the most progressive reforms since independence. The abolishment of the draconian Internal Security Act was at the forefront of these reforms. Malaysia further restructured it fiscal base by introducing the GST. The nation experienced steady, uninterrupted GDP growth and witnessed the longest bull-run in its stock exchange driven by strong foreign direct investments (FDI) and domestic direct investments (DDI).

Come clean, Abu Kassim!

MACC Commissioner, Tan Sri Abu Kassim should come clean and stop reiterating the power to prosecute lies with the Attorney General for the upteen times.

MACC: We are not challenging AG's authority

By NST ONLINE - 25 February 2016 @ 10:59 PM

KUALA LUMPUR: The Malaysian Anti-Corruption Commission today said it had taken note of the advice and recommendations made by the commission's Operations Review Panel on its investigation into issues related to SRC International and the RM2.6bil donation.

MACC Chief Commissioner Tan Sri Abu Kassim Mohamed, in a statement tonight, said he also hoped that certain quarters do not misinterpret it as the commission challenging the authority of the Attorney-General.

The advice and recommendations, he said, were made during the panel's 29th meeting yesterday.

AG Idrus Haron accomplice to cover-up Zeti, Nor Yakcop

Last week in the midst of the Melaka state election, MACC issued a statement to confirm receipt of US$15.4 million (equivalent to RM65 million) from Singapore's Commercial Affairs Department.

It is 1MDB monies squandered by Cutting Edge Industries Pte Limited belonging to Dato Tawfiq Ayman, the husband to former Bank Negara Governor, Tan Sri Dr Zeti Akhtar Aziz. 

This confirmed the revelation published in this blog dated March 23rd 2021 of collusion involving Zeti, Ambank, Goldman Sachs and Jho Loh taking a bite of the 1MDB bond's cherry. There is another RM635 million more still due. 

Through the mechanism of secondary subscriber, Jho Low distributed the deep discount given to various parties including himself and Zeti.      

Fast forward, police should be completing their investigation of Zeti and there are basis for her to be charged. Why is the Attorney General covering up for Zeti? 

For that matter, why is Tan Sri Idrus Haron covering up for another of Mahathir's man, Tan Sri Nor Mohammed Yakcop? 

One hijrah year: Mahathir subtly acknowledged he is wrong

Today is the second day of Ramadhan. Yesterday, after Terawih prayer, it was exactly a hijrah year and one day that Dato Najib's home was raided upon his return from 1MDB-funded Kg Baru Mosque.

It is not to commemmorate the momentous occasion. As of May 7th today, it is 9 days to May 16th midnight and stretching to May 17th, they day it will be exactly one Gregorian year since the raid. Till today, there has been no charges with regard to the seized goods.

The AMLA law allows for the seized goods to be held for six months and any extension will require a court order. Upon reaching a year without any charge, there is no more legal avenue for the police to hold back the properties and money seized.

In March 18th posting, this blog raised the issue of some goods were possibly missing and the seizure done at the condominiums was in absence and without owners' signature to acknowledge the goods seized.

It was done in contravention of the Criminal Procedure Code. The police stands to be liable to any dispute on the goods seized. Dato Najib raised about the UMNO money declared by police was short.

Zeti, Ambank, Goldman and Jho Low colluded for a bite of 1MDB bond

Prior to the commencement of the operations of Terengganu Investment Authority (TIA), the Sultan of Terengganu summoned a then renown corporate figure to the Istana Terengganu off Jalan Tun Abdul Razak in Kuala Lumpur.

The TIA scheme put together by Jho Low was to capitalise the future cashflow of Terengganu Wang Ihsan oil revenue by raising more capital through  the issuance of bond to undertake investment. 

The money raised by Ambank through the 1MDB bond issuance was supposed to be invested into Petrosaudi. However, part of the money was redirected into a bearer owned company, Good Star Ltd controlled  by Jho Low. Amhari admitted during the SRC trial that he registered Good Star and is the beneficial owner.   

The 1MDB-Tanore case against Dato Najib is on the allegation the RM2.3 billion donation into his personal account came from Good Star.

The Tan Sri flipped through the paper shown to him by the Sultan and commented it looks dubious. 

The Sultan's subsequent action to the comment is not known till yesterday's posting by Facebooker Lim Sian See. She gave a perspective by linking current development to past news report. 

LSS disclosed Sultanah instructed to stop the bond issue, but it still proceeded. That could have explained why federal government tookover TIA entirely and turned it into 1MDB a year or two later.