THE prosecution’s 50th witness, former AmBank group managing director Cheah Tek Kuang, returns to the witness stand today to be cross-examined by the defence as Najib Razak’s SRC International Sdn Bhd trial enters its 40th day.

Cheah, 72, is expected to be questioned on his role in the Retirement Fund Inc (KWAP) investment panel, which he was a member in 2011 and 2012 when SRC International received its two loans of RM2 billion each.

The witness told the Kuala Lumpur High Court yesterday that he attended a specially convened panel meeting on July 19, 2011 to go over and deliberate on a proposal by KWAP’s fixed income department to issue the first loan of RM2 billion.

He also attended a panel meeting that approved the transfer of ownership of SRC International from 1Malaysia Development Berhad (1MDB) to Minister of Finance Inc on February 15, 2012.

Cheah’s most notable statement yesterday was that he met fugitive financier Low Taek Jho, commonly known as Jho Low, at Najib’s residence in Kuala Lumpur in early January 2011.

He was taken into the residence by Low, who introduced him to Najib.

Cheah said he had previously met Low, who brought some business to AmBank.

“Najib and I proceeded to the guest room, while Low waited in a different part of the residence.”

During the private meeting with Najib, the former prime minister said he was expecting political donations from Saudi Arabia between US$100 million (RM411 million) and US$200 million. The meeting lasted 20 minutes.

The following day, Cheah presented signed forms to AmBank relationship manager Joanna Yu.

Cheah also later met and informed then Bank Negara governor Zeti Ahktar Aziz of the accounts, she made no objections but said banking rules and regulations must be heeded.

Earlier yesterday, Yayasan Rakyat 1Malaysia CEO Ung Su Ling denied taking instructions from Low when she facilitated the transfer of RM42 million into Najib’s personal AmBank accounts.

Ung repeatedly denied that the term “our friend” used in phone text communications with Yu was a reference to Low.

Yu was one of the three AmBank staff who liaised with holders of bank accounts linked to Najib and 1MDB, as well as its former subsidiary SRC International.

Ung also said she met Najib after news of the 1MDB broke in mid-2015 and he had appeared “very annoyed”.

The former prime minister also acknowledged that allegations of misappropriation of SRC International funds was “very damaging” to his political career.

Najib’s charges are linked to RM4 billion in loans issued to SRC International in 2011 and 2012, of which he is accused of receiving RM42 million in his personal accounts in 2014 and 2015.

He faces three counts of criminal breach of trust, three counts of money-laundering and one count of abuse of power.

Najib, 66, is represented by a dozen lawyers led by Muhammad Shafee Abdullah.

Attorney-General Tommy Thomas is leading the prosecution, while justice Mohd Nazlan Mohd Ghazali is the presiding judge.

The Malaysian Insight brings you today’s proceedings live:

3.54pm: Court adjourned till Monday.

3.43pm: Tommy Thomas tells Nazlan that the prosecution will appeal against judge Colin Sequerah’s decision at the Court of Appeal and will file a certificate of urgency.

3.39pm: Prosecutor Sithambaram asks the court to be adjourned till Monday as they have run out of witnesses for the day.

3.38pm: After a short cross-exmination by defence lawyer Harvinderjit, Fauziah is let got. 

3.20pm: Fauziah says the Finance Ministry had requested that its officers be placed on SRC International’s board of directors. She wrote a memorandum on it for consideration, as this was normal practice.

3.12pm: She says SRC International did not have ministry officers on its board and did not have the supervision of the ministry. 

3.11pm: Fauziah says MoF Inc places ministry officers on the boards of these firms to monitor and decide their direction.

3.09pm: She says Minister of Finance Inc was under her purview. She says SRC International and 1MDB were among the more than 100 companies under MoF Inc.

3.04pm: Next witness, Fauziah Yaacob, takes the stand. She is a retired civil servant, and was deputy secretary of investments at the Finance Ministry.

3.03pm: Nazlan allows for full submission on Monday, but warns Najib that any other post on Facebook will be in contempt of court.

2.59pm: Tommy asks that Najib stand up in court and declare that he will not post anything about the case till Monday.

2.58pm: He says it is the prosecution’s case, and the press was reporting the prosecution’s version of the case. Tommy says Najib, when and if he takes the stand, can give his version of accounts.

2.57pm: A-G Thomas asks Shafee to clarify his stance. He says freedom of speech is not absolute in any country, especially Malaysia. He says the fact that Najib is a politician does not matter, as the former PM is just another accused.

2.55pm: Shafee says Najib gave his point of view because the media is prejudiced and selectively reported proceedings. He says his client’s political career may suffer if he doesn’t give his point of view.

2.54pm: Shafee says he needs the time so that he doesn’t give a “knee-jerk” submission.

2.50pm: Shafee assures the judge that Najib will not make any controversial statement until Monday.

2.49pm: Shafee says Najib wrote the Facebook post because the press had been unfair in reporting the case.

2.48pm: Nazlan asks if Najib will write more posts until Monday. The A-G asks for the judge to give an undertaking.

Shafee says that in the beginning of the trial, they had asked for a gag order but it was denied and now they want to gag his client.

2.47pm: Shafee asks judge Nazlan that Thomas’ application for Najib to apologise for the Facebook posts about the case be addressed on Monday to give the defence lawyer time to confer with the former prime minster.

2.45pm: Mageswary says the documents are affidavits in the defamation suit Najib filed against Ling Liong Sik. The witness is let go from the stand.

2.43pm: Court resumes with Mageswary taking the stand to be cross-examined by defence counsel Harvinderjit.

12.55pm: Court breaks for lunch.

12.40pm: The prosecution asks her if MACC made a request to ask for documents for a civil case.

She says MACC requested for pleading documents for a certain case. The case was a defamation suit for Najib against former MCA leader Ling Liong Sik.

She is currently verifying the documents.

12.38pm: Court registrar S. Mageswary is called to the stand. She works at the civil court. She’s a senior assistant registrar.

Her role is to register civil cases, process court documents and adhere to instructions given by the judge.

12.09pm: Witness is let go from the stand.

11.30am: He says halfway through a particular board meeting, officers from the Malaysian Anti-Corruption Commission (MACC) came to the office to ask if certain transactions were approved by the board.

Chee says the board had the power to make those decisions.

11.28am: Chee says after he prepared director circular resolutions, he waited for the document to be returned to his office after having obtained signatures of three directors.

11.15am: The 51st witness is called to the stand.

Chee Suwen is the former company secretary for SRC International, from 2015 to 2018. His job was to prepare board minutes and statutory documents.

He says he took possession of the statutory records of SRC International when he took the job.

11.13am: Harvinderjit concludes his cross examination and the witness is released.

11.06am: Harvinderjit asks Cheah if he had a BlackBerry and a Samsung phone, and if Low had given him those phones.

Cheah says he bought them himself. He agrees he had those phones, but Low did not but them for him.

11.02am: Cheah says Low was a tardy person and never kept to his word.

He adds that he detested tardiness and didn’t like people like Low.

Low in his chats with Yu had intimated that he had spoken directly to Cheah. Cheah says Low was lying.

10.58am: Harvinderjit implies Cheah had much more to do with Najib’s accounts but Cheah disagrees.

He says he stepped down as the bank’s director so he was not so involved.

Cheah says Yu did not inform him that Najib’s accounts were for the purpose of receiving political donations.

10.56am: Cheah says as a non executive director, he was not involved in a lot of things with this account.

10.53am: Harvinderjit asks Cheah if it was brought to his attention that Najib wrote an instruction letter wanting to return RM620 million of unutilised funds.

Cheah says he was aware as Yu had told him about it.

10.38am: Harvinderjit suggests that Joanna Yu was in contact with Jho Low about Najib’s accounts. Cheah says he is not sure.

Cheah says in his position at AmBank, he didn’t keep tabs of accounts or account holders.

10.29am: Yesterday’s witness Cheah Tek Kuang takes the stand to resume his cross examination by Harvinderjit.

10.27am: Court resumes. Defence lawyer Harvinderjit Singh asks for this issue to be dealt with later today when Shafee comes back from another matter.

Thomas says he is amiable with it being addressed later, as long as it is dealt with by today.

10.16am: Trial resumes with Thomas addressing Mohd Nazlan.

He refers to Najib’s Facebook postings on July 15 and 16 where he spoke of the RM3 million spent on his credit cards, justifying where it came from and why it was spent.

Thomas argues subjudice is present in this instance, saying Najib is equal and should be treated as an accused.

“Just because he is a former prime minister and has an audience, he is not allowed to post on Facebook where he puts forward his defence,” says Thomas.

Thomas says this practice must cease and asks Mohd Nazlan to get Najib to apologise for his postings and not repeat his actions.

The defence has asked for a stand down to confer with Najib.

9.46am: After hearing submissions, including from the defence, Sequerah says he will deliver his ruling this afternoon.

9.26am: Thomas yesterday said the prosecution wishes to conclude the SRC International case before starting Najib’s four other trials. Thomas had requested Nazlan to vacate the Isa Samad trial dates in September as well. The judge replies he wishes to hear Sequerah’s decision first.

9.22am: Proceedings are delayed as prosecutors attend to a hearing before justice Collin Lawrence Sequerah on a motion seeking to vacate the 1MDB trial dates from August 19 onwards. – July 18, 2019.