NAJIB Razak’s SRC International trial enters its second day today, with Companies Commission of Malaysia assistant registrar Muhamad Akmaluddin Abdullah back on the stand.

Akmaluddin, the trial’s first witness, testified on April 3, detailing the establishment of SRC International in 2011 with a paid-up capital of RM100 million.

He identified Suboh Md Yassin as SRC International’s former director and Nik Faisal Ariff Kamil as its former chief executive officer and managing director.

Suboh is under a witness protection programme and is expected to testify soon, while Nik Faisal remains at large, possibly in Indonesia, according to reports.

Akmaluddin, who worked at the commission since 2007, also detailed the establishment of SRC International subsidiaries Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd.

lhsan Perdana was identified by Attorney-General Tommy Thomas on April 3 as SRC International’s corporate social responsibility partner.  

Akmaluddin is expected to be cross-examined today by Najib’s defence, led by Muhammad Shafee Abdullah.

The prosecution intends to prove that Najib proposed the establishment of SRC International, and the unit’s request for a government loan for RM3.95 billion as well as matters that led to the approval by the Finance Ministry for the issuance of a total of RM4 billion in government guarantees.

Najib was also finance minister during his tenure as prime minister.  

The prosecution is expected to call in more than 50 witnesses and produce documents to prove that RM42 million from SRC International passed through the company accounts of Gandingan Mentari and Ihsan Perdana before allegedly being remitted into two AmPrivate Banking accounts belonging to Najib.  

Najib faces one charge under Section 23 of the MACC Act 2009 for abuse of power; three charges under Section 409 of the Penal Code for criminal breach of trust; and three charges under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 for money laundering.

He faces up to 20 years’ imprisonment and a fine if found guilty.  

The trial of the SRC case was initially slated to be held from February 12 to March 29 but was put on hold twice after the Court of Appeal on February 11 and March 21 granted a stay of proceedings pending related appeals.

Najib’s three appeals on interlocutory matters relating to the SRC International trial – including an application for a gag order on the media – was thrown out by the Federal Court last week.

There are currently two remaining interlocutory matters relating to the trial – a notice of motion to declare seven charges against Najib as defective and a review application on the Federal Court decision to lift a March 21 stay order by the Court of Appeal.  

A hearing date for the motion is expected to be set next week, while the status of the review application is uncertain as Najib’s appeals have been disposed off.

The Malaysian Insight brings you today’s proceedings live.

4.15pm: Court resumes.

Sithambaram: Following the request by defence to number everything in order, we have started photocopying and need to put them together but that will take time. I suggest that we adjourn till tomorrow. We assure you that this will not happen again.

Justice Mohd Nazlan: Please ensure the right sequence to avoid the same problems again. Proceedings adjourned till 9am tomorrow.

3.05pm: Court adjourns to check folders and documents.

Najib goes back to reading one of his books.

2.59pm: Azizul reads out the letter of appointment for him to investigate matters related to AMLA, Financial Services Act, BAFIA etc and produces his authority card for the defence. He then identifies Ambank’s Uma Devi for the court.

2.47pm: Harvinderjit asks prosecution to change numbering of documents to the top so that it will be easier for the defence to refer. ‬

‪Prosecutor Suhaimi says the numbering used in the eight folders of evidence submitted in relation to the SRC International probe by Bank Negara.

2.41pm: Trial resumes with prosecution witness Azizul of Bank Negara continuing his testimony.

12.56pm: After verifying the documents submitted as evidence by Azizul of BNM, court adjourns for lunch. To resume at 2.30pm.

12.33pm: Prosecutor Suhaimi Ibrahim calls the prosecution’s second witness, Bank Negara Malaysia (BNM) manager Azizul Adzani Abdul Ghafar to the stand.

Azizul: I joined BNM in 2008 as an investigator for cases related to  Amla (Anti-Money Laundering, AntiTerrorism Financing and Proceeds of Unlawful Activities Act 2001). I was called to assist in an investigation in 2015 at Ambank under Amla for ‘obligation to report’.

We met with a manager, Uma Devi and we gave her a list of accounts we wanted to check. She came back with 17 documents.

We recorded the documents that needed to be brought back to BNM.

Suhaimi: Are these the documents (brought back to BNM): account statements and letters of authorisation belonging to Najib Razak? 

Azizul: Yes.

12.30pm: ‘I’m done,’ defence lawyer Harvinderjit says, after two and a half hours of questioning witness Akmaludin and verifying his submitted documents.

11.05am: After more than an hour defence lawyer Harvinderjit is still verifying the documents submitted by witness Akmaludin. He is checking the dates the application forms were submitted for SRC and Yayasan Rakyat 1Malaysia, and the companies’ memorandum of articles.

10am: Winess Akmaludin ‬corroborates defence lawyer Harvinderjit’s statement that the original or initial SRC shareholders were Nik Faisal Ariff Kamil and Vincent Beng Huat Koh

‪Harvinderjit asks if SRC was owned by 1MDB at the time it was incorporated. 

9.42am: Court is back in session. Harvinderjit resumes examining PW1 Akmaludin. He verifies documents with PW1.

9.26am: Najib, now seated in the public gallery, picks up his book again. He checks his phone. The book he is reading appears to be Dunia Tanpa Tembok by Ayman Rashdan Wong.

Court stands down as the judge steps away to consider the arguments

9.05am: Justice Mohd Nazlan Mohd Ghazali enters the courtroom. Trial begins.

Sithambaran: Prosecution witness No. 1 Mohamad Akmaludin Abdullah was asked to give additional docs by defence on Day One. It’s up to the court to decide whether these docs are necessary. Court has to consider whether they should be admitted. Ask for court to direct.

Harvinderjit: Asked PW1 to produce 3 docs – application docs for SRC International, Yayasan Rakyat and directors of Yayasan Rakyat. Docs should be produced before we talk about admissibility. Bring docs first then we’ll see.

Sithambaran: If the defence argues that these docs can be publicly available then they should go get it. Like Yayasan 1Malaysia Rakyat these docs are in the defence’s hands. These docs are already with them but they chose to ask PW1 to produce them again.

9am: Najib is seated in the dock reading a book while his lawyers Shafee and Harvinderjit Singh confer.

Prosecution led by AG Tommy Thomas and V. Sithambaram is already seated in the court.  

8.55am: Najib arrives in a dark suit and tie.

8.50am: Najib’s lawyer, Shafee Muhammad Shafee Abdullah arrives. – April 15, 2019.