Day 67: Najib doesn't know who has the audacity to forge his signature

LIVE | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 67 today at the High Court in Kuala Lumpur.

Malaysiakini brings you live reports of the proceedings.

KEY HIGHLIGHTS

• Najib doesn't know who has the audacity to forge his signature
• Treasury sec-gen didn't inform me on lack of info from SRC, says Najib
• Najib: SRC wouldn't have secured KWAP loans without gov't guarantee
• Najib gives qualified 'yes' to claim he is ultimate boss
• Najib aware of Jho Low's involvement in Putra Perdana Construction
• Najib blames Nik Faisal, Azlin for keeping mum on source of funds
• 'Shocked' Najib didn't return RM42m to SRC due to ongoing investigation
• Najib repeats claim that he did not know RM42m was from SRC
• I didn't lodge police report on forged SRC shareholder minutes, says Najib
• 'I never asked to be SRC advisor emeritus'
• Najib claims he was surprised by SRC's huge overseas investments
• Najib denies approving SRC's decision to invest RM3.6b overseas
• No resolutions received from SRC's board - Najib
• Najib denies rushing KWAP loans, related gov't guarantees

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Reporting by Hidir Reduan Abdul Rashid and Hariz Mohd. Photographs by Azneal Ishak. Social media updates by Ewe Linq Yenn.

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Court adjourns for the day

4.50pm - Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali allows proceedings to adjourn for the day.

Former prime minister Najib Abdul Razak's RM42 million SRC International trial will resume tomorrow morning.

Najib doesn't know who has the audacity to forge his signatures

4.35pm - Najib Abdul Razak does not know who has the audacity to forge his signature when he was both prime minister and finance minister.

The accused replies "do not know" when asked by DPP V Sithambaram on who would have the audacity to forge his signatures on documents linked to the RM42 million SRC International case.

In the course of this trial, Najib repeatedly questioned the authenticity of his purported signatures on key documents such as the minutes of SRC International's meetings.

Sithambaram: As the prime minister and finance minister, the most powerful man (in Malaysia), involved in the SRC which is a government-linked company, who would have the audacity to forge your signature?

Najib: That is not a fair question.

Sithambaram: The question is simple.

Najib: (Former SRC International non-executive director) Suboh (Mohd Yassin) made the same allegation that the documents were forged.

Sithambaram: That is not the question. Who would have done it (forge Najib's signatures)?

Najib: I do not know.

During the prosecution stage of the trial last year, Suboh testified that company CEO Nik Faisal Ariff Kamil could have forged his (Suboh's) signature to transfer funds.

Treasury sec-gen didn't inform me on lack of info from SRC, says Najib

3.40pm - Former prime minister Najib Abdul Razak says that he was not aware of the Finance Ministry's difficulty in obtaining information from SRC International.

During prosecution's cross-examination, Najib says he did not know that the company's top management did not supply enough information to the ministry's officers who were preparing a cabinet paper on SRC's application for a government guarantee.

According to Najib, he assumed that the officers must have sufficient information at the time.

"I assume they must have sufficient information to prepare the cabinet paper. If they didn't have sufficient information, ketua perbendaharaan (the treasury's chief) must tell me".

The treasury is headed by the treasury secretary-general.

Najib: SRC wouldn't have secured KWAP loans without gov't guarantee

3.25pm - SRC International Sdn Bhd would not have obtained the RM4 billion in loans from Retirement Fund Incorporated (KWAP) in 2011 and 2012 without government guarantees, says former prime minister Najib Abdul Razak.

He admits this when responding to DPP V Sithambaram on the possibility of SRC International being able to secure a huge amount of loan, as a company that was set up only on RM2 capital.

Sithambaram: Are you saying that if they bring (the loan application) directly to KWAP, they will still get the loan?

Najib: The key to all this is if they can secure government guarantees. Because SRC is a company that doesn't have any capital.

Sithambaram: The long and short of it, without a government guarantee, SRC would not have secured the loan correct?

Najib: Of course.

Najib, when asked about his note 'bersetuju' (agree) on SRC's application to KWAP, however, disputes that it meant he agreed to the loan.

He claims that he agreed for the application process to start, and it was up to KWAP's discretion.

Sithambaram, however, puts to Najib that this was not true, suggesting that such note by the prime minister was not up to the discretion of the fund.

Sithambaram: When the PM writes 'bersetuju' (agree) it is not subject to discretion.

Najib: No, I disagree.

Najib gives qualified 'yes' to claim he is the 'ultimate' boss

3.21pm - Former prime minister and finance minister Najib Abdul Razak gives a qualified "yes" to claims that he is the "ultimate boss".

The accused gives this answer when DPP V Sithambaram cross-examines him over testimony by former Retirement Fund Inc (KWAP) CEO Azian Mohd Noh (below) that he was the "ultimate boss".

Last year, during the prosecution stage of Najib's RM42 million SRC International trial, Azian testified Najib as the "ultimate boss" when asked whether Najib had influence over KWAP's decision to approve the billions of ringgit in loans to SRC International.

Sithambaram: You agree that Azian's then position as KWAP CEO and your position as then Finance Minister made you the ultimate boss?

Najib: All (government-linked) institutions are as part of the administration.

Sithambaram: Azian was KWAP CEO when she said you were the ultimate boss?

Najib: Yes, but not in the strictest sense as you must go through certain processes. That is the way the government works.

Sithambaram: She said you were ultimate boss.

Najib: Subject to due process.

Sithambaram: Are you saying you were not the ultimate boss?

Najib: No, but there is a process.

Najib aware of Jho Low's involvement in Putra Perdana Construction

2.45pm - The court hears from former premier Najib Abdul Razak that he knew of Jho Low's involvement with Putra Perdana Construction Sdn Bhd (PPC) between 2011 and 2014.

According to prosecution's cross-examination on Najib, the politician had revealed to MACC during questioning that Jho Low, was a member of PPC's board of directors during the material time.

Najib adds that while he knew that Jho Low had an interest in the company, he did not know what was the nature of the interest.

For the record, PPC was one of the companies whose accounts were involved in transfers of SRC International monies into Najib's Ambank accounts in 2014 and 2015.

Sithambaram: And do you recall that you had mentioned in your MACC statement - 'I know PPC board members, which are Rosman Abdullah and Jho Low, and as far as I know, they were involved with Putra Perdana (Bhd)'?

Najib: I recall I said that.

Sithambaram: And you knew that in 2011, 2012, 2013 and 2014... during the material period that Jho Low had an interest in PPC?

Najib: Yes, but I'm not sure of the nature of interest

Proceedings resume after lunch

2.43pm - Proceedings resume after lunch break.

12.50pm - Proceedings adjourn for lunch and will resume at 2.30pm this afternoon.

Najib blames Nik Faisal, Azlin for keeping mum on source of funds

12.35pm - Najib Abdul Razak says that he was never informed about the source of the RM42 million deposited into his account in Dec 2014 and Feb 2015.

The former premier says that the information was kept from him by his late private secretary Azlin Alias and then SRC CEO Nik Faisal Ariff Kamil (photo, above).

Asked on why would the two would have kept such information from him, Najib tells the lawyer that they should ask the question to the men.

Najib adds that he would never authorise the money from SRC to be deposited into his account.

'Shocked' Najib didn't return RM42m to SRC due to ongoing investigation

12.20pm - Despite being shocked at receiving RM42 million from SRC International, Najib Abdul Razak did not return the money, the Kuala Lumpur High Court hears.

The former prime minister and then advisor emeritus to SRC International testifies that it was due to a then-ongoing investigation.

During the prosecution stage of the RM42 million SRC International trial last year, Ihsan Perdana managing director Dr Shamsul Anwar Sulaiman testified that Najib was 'shocked' when informed that RM42 million went into his account.

Sithambaram: Shamsul said you expressed shock that it (RM42 million) was paid into your account.

Najib: Yes.

Sithambaram: Then the logical thing is to return the money (to SRC International).

Najib: It was the subject of an investigation (then).

When Sithambaram asks whether Najib could have still returned the monies as he was both premier and finance minister at the time. Najib reiterates that he wanted to wait for the outcome of the investigation into the matter.

Najib repeats claim that he did not know RM42m was from SRC

12.10pm - The court hears former prime minister Najib Abdul Razak repeating his defence that he purportedly did not know that the RM42 million which entered his accounts in 2014 and 2015 had originated from SRC International.

This comes as DPP V Sithambaram poses Najib with the latter's own affidavit in a civil suit Najib filed against Dr Ling Liong Sik in 2015.

In the affidavit, Najib admitted that a sum of US$700 million came into his account as a donation, but he did not have knowledge about another RM42 million having originated from SRC International.

Sithambaram: Do you agree you made this statement?

Najib: Yes.

Sithambaram: Just for completeness, this contains your signature?

Najib: Yes, I signed this one (the affidavit)

Sithambaram: And the contents of paragraph 6 represent the truth or do you have any conditions (on the affidavit)?

Najib: Like what I stated here, it (the money) did enter my account but it was not to my knowledge at the material time.

Sithambaram: I want to know if there are any qualifications (to the statement).

Najib: I'm stating it so it will be very clear. At that time, I didn't know it was SRC's money because it came through intermediaries. I had no knowledge it was SRC money during the material time.

I didn't lodge police report on forged SRC shareholder minutes, says Najib

11.23am - Najib Abdul Razak testifies that he never lodged any police report over the alleged forged SRC International shareholders minutes, among other key documents.

The former prime minister says this during cross-examination by DPP V Sithambaram on whether he lodged any police report on the accused's claim that the key documents were forged.

Sithambaram: Did you inform your lawyers that the documents should not exist?

Najib: We discussed that, yes.

Sithambaram: Since the documents do not exist, did you lodge a police report?

Najib: No, as the trial was ongoing.

Earlier, Najib claimed that the documents could have been forged as he was not shown any SRC International minutes for him to sign.

The Minister of Finance Inc is the sole shareholder of SRC International.

'I never asked to be SRC advisor emeritus'

11.12am - Najib Abdul Razak testifies that he never asked to be appointed as advisor emeritus of SRC International.

The former prime minister and finance minister says this during cross-examination by DPP V Sithambaram.

Sithambaram is asking Najib whether he should be responsible over what SRC International's board is doing with the RM4 billion in loans the company obtained from Retirement Fund Inc (KWAP) between 2011 and 2012.

Najib: I never asked to be advisor emeritus.

Sithambaram: The prosecution's case is that you sought to be appointed as advisor emeritus (of SRC International).

Najib: No, no, no. I disagree.

Najib claims he was surprised by SRC's huge overseas investments

11.03am - The court hears from Najib Abdul Razak claiming he was surprised when told about SRC International's RM3.6 billion overseas investments.

Answering a series of questions from DPP V Sithambaram, Najib, however, says that he did not ask the company's board of directors on the matter albeit being surprised about it.

This then led the government lawyer pressing Najib on the matter, suggesting to the former prime minister that he was not interested in what SRC was doing with the loans it took from the Retirement Fund Incorporated.

The accused denies this, saying that he left the matter in the hands of SRC's management.

Najib also disagrees to a suggestion by Sithambaram that he did not ask the board on the matter because he had known about the investments, and he had indeed signed the shareholder resolutions as shown in court.

For the record, Najib is disputing the papers, saying that he did not sign the documents.

Najib denies approving SRC's decision to invest RM3.6b overseas

10.55am - Continuing to answer questions from DPP V Sithambaram, former premier Najib Abdul Razak claims that SRC International's board of directors had never referred to him on investing most of its RM4 billion capital overseas.

He also disagrees that he had issued a shareholder resolution that approved SRC to invest overseas RM3.6 billion from its two Retirement Fund Incorporated loans

This is while Najib agrees that then SRC CEO Nik Faisal Ariff Kamil had informed him about the RM3.6 billion investment being carried out by the board, as stated in his witness statement.

Sithambaram: Datuk Seri, in your witness statement, you were informed by Nik Faisal that this investment about RM3.6 billion had been carried out by the board

Najib: If I said so in my witness statement, yes

Sithambaram: From that Datuk Seri, it would only mean that you must have issued a shareholder resolution as shown to you.

Najib: Not necessarily.

No resolutions received from SRC's board - Najib

10.50am - Former prime minister Najib Abdul Razak claims that he never received any resolution from SRC International's board of directors that would require his approval as the sole shareholder of the company.

For the record, Najib was SRC's sole shareholder by virtue of being the finance minister and thus, the head of Minister of Finance Incorporated.

Under cross-examination by DPP V Sithambaram, Najib also agrees to the suggestion that this would mean there was no major decision made by SRC's board of directors between 2011 and 2018.

The line of questioning by Sithambaram came as Najib earlier said he never signed any of the shareholder minutes, which were allegedly issued by him as instructions to the SRC board.

Najib had also previously claimed in court that he could not be issuing shareholder minutes to the board without the board's resolution coming to him first for deliberation.

Sithambaram: As far as what happened, the board had not passed any resolutions that would require shareholder minutes?

Najib: It appears so.

Sithambaram: It appears so, right. Datuk Seri, when you did not receive any board resolution or director's circular resolution (DCR), that would mean that from 2011 to 2018, using your own words, no macro or major decisions were made by the single shareholder which is Minister of Finance Incorporated.

Najib: Shareholders can only decide when it goes through the board

Sithambaram: Now the flipside of that is, when you didn't receive any resolution or DCR, it means that from 2011 to 2018 there was no macro decision that requires Minister of Finance Incorporated’s shareholder minutes.

Najib: Yes.

Najib denies rushing KWAP loans, related gov't guarantees

10.43am - Former prime minister Najib Abdul Razak denies playing a role in rushing the issuance of RM4 billion in loans from Retirement Fund Inc (KWAP) to SRC International.

The former finance minister also denies having rushed the issuance of the two government guarantees for the loans.

Najib says this during cross-examination by DPP V Sithambaram on whether he rushed both crucial matters in the RM42 million SRC International case.

It was reported that government guarantees were issued for the two KWAP loans to SRC, comprising RM2 billion in late 2011 and RM2 billion in early 2012.

Proceedings begin

10.37am - Former prime minister Najib Abdul Razak enters the witness stand as proceedings begin.

10.14am - Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery.

Also seen in court waiting for proceedings to begin is DPP V Sithambaram, who will continue cross-examination of the former prime minister in the RM42 million SRC International trial.

Also seen are Najib's lead defence counsel Muhammad Shafee Abdullah and members of his defence team.

Najib Abdul Razak will continue to be cross-examined by the prosecution on the 67th day of the former prime minister's RM42 million SRC International trial today.

However, proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali will start a bit later at around 9.30am, as the accused and his defence team needs to attend a separate High Court mention of his ongoing RM2.28 billion 1MDB case.

Incidentally, the RM2.28 billion 1MDB case mention before judge Collin Lawrence Sequerah is to help the judge to fix further trial dates for that matter, in light of Najib's RM42 million SRC International trial taking precedence over the accused's other four criminal trials for the months of January and February at least this year.

SRC International was a subsidiary of 1MDB before the former's ownership was transferred to the Minister of Finance Incorporated in 2012.

Yesterday, the SRC trial saw the High Court dismissing the prosecution's bid to impeach former finance minister Najib over his alleged contradictory testimony in regards to whether he actually signed SRC board minutes and other key documents in the case.

Even after proceedings yesterday, the SRC trial remained indirectly in the spotlight, with Najib's lead defence counsel Muhammad Shafee Abdullah telling the media that Low Taek Jho, also known as Jho Low, played a central role in the whole 1MDB financial scandal.

Shafee said the wanted businessperson was not a mere introducer as the fugitive claimed in an interview with Singapore-based English language daily, Straits Times.

Shafee said that Jho Low's claim that he (Jho Low) would not get a fair trial in Malaysia was an excuse to not return to Malaysia and face justice.

In the course of the prosecution's stage of Najib's RM42 million SRC trial last year, various witnesses testified on the key role that Jho Low played throughout related events.

Among them was former AmBank relationship manager Joanna Yu who testified last year that the fugitive financier used the term "Eagle 27" in the transfer of RM27 million from SRC International and finally into Najib's 880 bank account in July 2014.