NAJIB Razak’s SRC International trial enters its fourth day today with Bank Negara analyst and investigating officer Mohammad Nizam Yahya taking the stand again.

Nizam, the third witness, testified yesterday that he obtained documents linked to 14 Rentas transactions, or large multi-currency interbank transfers, from Affin Bank officer Nimma Shafira Khalid during a raid on July 6, 2015.

The 39-year-old told the court that he also obtained further evidentiary documents on July 7, 9, 10, and 13, 2015.

Nizam is expected to reproduce copies of the documents today.

Azizul Adzani Abdul Ghafar, the second witness, is also expected to reproduce a copy of a police report that he lodged for leading a Bank Negara raid on an AmBank branch in Kuala Lumpur.

Azizul, during cross-examination, confirmed he received 11 documents from an AmBank manager on the night of July 6, 2015, which detailed transactions of sums between RM5 million and RM40 million, which took place between December 2014 and February 2015. The sum amounted RM94.7 million. 

It was not stated yet whose accounts were involved.

The Malaysian Insight brings you today’s proceedings live:

5pm: The court adjourned and will resume tomorrow at 9am.

4.55pm: When arguing the defence’s bid for the fourth prosecution witness to produce documents he seized from a raid on Ambank on July 6, 2015, Thomas said he would comply with the judge’s decision but added that as an officer of the court, he would do things truthfully.

“Are you saying we are not truthful?” Harvinderjit asked.

4.50pm: The judge agreed to the defence’s request.

“I’m of the view that given the grounds request for documents which relate only to the bankers is relevant. The witness is supposed to produce transcripts pertaining to such communications,” he said.

Thomas said they will decide and instruct the witness on which documents are relevant to the defence’s request.

Objecting to this, Harvinder asked if there would be any “filtering” involved.

Thomas replied: “You are judging by your standards. We are officials of the court.”

4.40pm: Prosecutor Sithambaram still argued that the defence’s request for the 1MDB documents had no relevance to this case.

“Your lordship, I want to put this in legal terms. I am a legal man, I’m not a political man,” he said.

4.35pm: Based on Sithambaram’s arguments, Justice Mohd Nazlan ruled that the law is quite clear, where relevancy must be proved.

“You have to establish relevancy,” he said.

4.30pm: Both sides argued for more than 30 minutes. The defence quoted a Wall Street Journal article from July 15, 2015 and the book Billion Dollar Whale, which both cited communication between Jho Low and Joanna Yu, to push their point that it is relevant for them to get access to the 1MDB documents, specifically the communication transcripts from Joanna Yu’s Blackberry phone.

Thomas can be seen laughing as the defence pushes their argument, shaking his head and looking around.

4.00pm: The defence asked to view the 1MDB documents, but the prosecution objected to this, to which the defence claimed there was “blocking going on here”.

The prosecution said there was no blocking, but it was an issue of relevance.

Shafee said that if the prosecution thought that something was irrelevant, it may not be the case for the defence for the purpose of defending their client. The defence and prosecution may not agree about what is relevant or not, therefore it is up to the judge to decide, he said.

Shafee: We just want to have a look at the documents seized from Joanna Yu. How more relevant can it be when these are the documents seized during the raid?

Sithambaram: If you want any document, you have to be specific about it. When they cross-examine, they have to know what documents they need. If not, this is considered “fishing”.

3.45pm: Deputy public prosecutor Ishak Yusoff objected to the line of questioning relating to 1MDB, saying it may affect the outcome of future trials involving Najib.

Thomas said it is for the protection of the accused.

Justice Mohd Nazlan Mohd Ghazali overruled the objection and allowed questioning.

Harvinderjit then thanked Thomas for protecting their interests.

3.25pm: Farhan said the purpose of the raid on Ambank was to look into all the transactions in the accounts and flag those that should have been reported to Bank Negara but were not.

3.00pm: When asked about the number of times he had met Joanna Yu, Farhan said he could not recall.

Harvinderjit: If you can’t recall, it must’ve been more than once?

Farhan: Yes.

Harvinderjit: On July 6, was that the first time you met her?

Farhan: No, I met her before that.

Farhan said he had met Joanna before because she was 1MDB’s relationship manager.

Harvinderjit: Did you seize Joanna’s blackberry?

Farhan: I can’t recall.

Harvinderjit: Bank Negara Malaysia seized transcripts from her phone and found communications between one Low Taek Jho?

Farhan: I am not sure. I can’t recall. It’s not part of my investigation.

2.50pm: Farhan said on July 6, his superior gave him a list of AmBank accounts belonging to Najib to investigate, and asked him to investigate any breach of reporting or obligations of the accounts.

Harvinderjit: Were you aware that the special task force was headed by Zeti, Ghani Patail, Khalid and Abu Kassim?

Farhan: I’m aware of the agency but can’t confirm on that.

2.20pm: The trial continues with the cross examination of Farhan by Harvinderjit.

12.01pm: Ahmad Farhan Sarifuddin, 32, a Bank Negara investigating officer takes the stand as the fourth witness.

12pm: Nizam steps down after questioning. 

11:58am: Najib’s former press secretary Tengku Sarifuddin Tengku Ahmad walks into the courtroom.

11:53am: Defence now trying to figure out, by grilling Nizam, how the documents he received from the Affin Bank raid became public online.

Harvinderjit: How did you know the people collecting the docs from you were from the task force?

Nizam: I’m not sure.

11.31am: Harvinderjit said the documents presented to the court are not the complete set received by Nizam from Nimma of Affin Bank.

11.27am: Nizam said the documents he received were related to Ihsan Perdana from Affin Bank. Ha gave those copies to the Malaysian Anti-Corruption Commission last year.

11am: The court takes a recess of five minutes.

10.35am: Azizul is excused from the stand and Mohammad Nizam Yahya continues his cross-examination from yesterday.

10.25am: After Thomas and Harvinderjit’s heated exchange, Suhaimi goes back to examining the witness.

10.22am: Lawyer Harvinderjit objects to the way prosecutor Suhaimi Ibrahim is re-examining Azizul. A-G Thomas then gets up to tell the judge that the defence should not be telling the prosecution how to examine the witness.

Prosecution lawyer V. Sithambaram backs Thomas to say that when the defence was cross-examining the witness for five hours aggressively, they did not have any objection.

10.10am: Harvinderjit asks if it was Azizul’s perception that it was an (AMLA) offence from the documents given by Uma Devi to which Azizul replied “right”.

Harvinderjit: If you as (and I don’t believe you), a raiding officer on your own came up with a conclusion that is AMLA based on these documents.

Azizul: Maybe.

Harvinderjit: Come on, tuan, you are not being very honest. I have cornered you here.

Azizul: Maybe.

Harvinderjit: Have you been briefed by any other party to come to this trial to give false information?

Azizul: No.

10.06am: Harvinderjit said in the report, Azizul stated that there were offences under Section 4 (1) of AMLA (Anti‑Money Laundering, Anti‑Terrorism Financing and Proceeds of Unlawful Activities Act 2001).

The defence lawyer then said it took the officer 34 minutes after the raid to decide it was under Section 4 of AMLA.

An officer who conducted a raid would never make a conclusion that it should be investigated under AMLA, Harvinderjit said, to which Azizul replied “No”.

9.50am: Azizul takes the stand again and is cross-examined by defence lawyer Harvinderjit Singh after reproducing a copy of a police report he made after leading a raid on AmBank on July 6, 2015.

9.35am: Najib enters the courtroom but is seated at a bench reading a book. His lawyer, Muhammad Shafee Abdullah, enters the chambers.

Attorney-General Tommy Thomas is also seated on the prosecutors’ side going through his notes. – April 17, 2019.