TEN years ago, Najib Razak took the prime minister’s seat. Today, he will take another seat. He will be in the dock, facing the first of several trials after a two-month delay. 

Despite a perceived eagerness to face trial by backing a call to have it telecast live, Najib’s lawyers spared no effort to delay the trial yet again, filing a review application of an apex court decision that will be heard only tomorrow. 

His lawyer, Harvinderjit Singh, said the defence is seeking a review of a decision by a panel of seven Federal Court judges, led by Chief Justice Richard Malanjum, which ruled last week that the Court of Appeal could no longer stay the SRC International trial.

Today is exactly 10 years to the day when Najib was sworn in as prime minister. It has been a spectacular fall from grace as the 66-year-old joins a sorry list of Asian leaders hauled up for corruption and abuse of power in their respective countries.

The trial today focuses on financial transactions in the subsidiary unit of 1Malaysia Development Bhd, which was set up by Najib in 2011, to specialise in energy resources investments.

Ownership of SRC was later placed under the Minister of Finance Inc.

Najib faces three counts of criminal breach of trust, three counts of money-laundering and one count of power abuse over sums amounting to RM42 million belonging to SRC. If found guilty, Najib faces up to 20 years’ jail and a fine.

The former Umno president claimed trial to the charges last July and August. The trial was initially slated to begin on February 12 to March 29 but was put on hold twice after the Court of Appeal granted a stay of proceedings pending related appeals.

Najib also claimed trial in February to three separate charges related to SRC International, where he is accused of laundering a further RM47 million. Prosecutors may later apply to try them jointly with the seven initial SRC charges. 

The SRC transactions were made through domestic entities and did not involve foreign banks. The prosecution will likely rely on a paper trail, bolstered by witness testimonies from bank officers and former SRC officials.

With the 3,000 pages of evidentiary documents, including statements from 26 witnesses, prosecutors are expected to put forward their case that Najib and his wife, Rosmah Mansor, misappropriated state funds to finance a lavish lifestyle.

After the prosecution makes its opening statement today, the court may call a witness to the stand. 

Later today, justice Mohd Nazlan Mohd Ghazali will set further trial dates and is likely to take up the trial dates for the 1MDB case, originally set to begin on April 15 and continue until May 3. 

For the 1MDB case, Najib is facing 21 charges of money-laundering and four charges of abuse of power related to RM2.28 billion of 1MDB funds.

The Malaysian Insight brings you today’s proceedings live:

5.30pm: Shafee tells the court that he has more cases tomorrow and cannot be present for this one.

“I cannot be pushed on both sides of the candle. I have other cases in which the accused has been incarcerated since 2012. Hence, they are more important,” he tells the court.

Thomas tells Shafee this is not a good excuse.

“Both sides have big group of lawyers. But no lawyer is indispensable. The unavailability of one lawyer cannot be an excuse for adjournment and we should continue on April 8 and April 9,” Thomas says, adding that if Shafee cannot be present, other lawyers on the defence team are capable of cross-examining the prosecution’s witnesses.

Shafee replies that, as lead counsel, he should be present.

 “I need to supervise my team. There’s only one general in my team,” he says.

Justice Mohd Nazlan tells both sides there is some degree of priority in this case.

“As such, I set April 15-May 10 for the continuation. There should be sufficient notice for alternative arrangements to be made. (We) will start at 9am,” he says.

The court adjourns for the day.

4.45pm: The prosecution completes verification of information and documents supplied by Muhammad as evidence for its case.

Najib’s lawyer, Harvinderjit, asks the witness to obtain a list of lodgment documents pertaining to all transactions concerning SRC International. He also asks Muhammad for all information pertaining to Yayasan 1Malaysia.

4.30pm: Approaching the hour mark, Akmaluddin continues with his testimony. He relates details about SRC and its shareholding. Prosecution and defence lawyers verifying the various documents with him.

4.20pm: A man clad in red, believed to be a Najib supporter, begins shouting “Hancur, hancur, hancur media asing (destroy, destroy, destroy foreign media)” at the courts complex before being subdued by police.

3.35pm: Najib’s lawyer, Harvinderjit, argues that the prosecution’s opening statement does not comply with Criminal Procedure Code. He goes paragraph by paragraph to dismiss the charges.

“All these statements are not evidence of deceit,” he said.

The prosecution’s Sithambaram said Najib’s lawyers are just looking for ways to delay the trial.

“In all my 40 years, this is the first time where the opening statement is being contested. This is just another attempt to divert the court and delay the proceedings.”

The judge agrees and tells the prosecution to bring on its first witness

Companies Commission of Malaysia assistant registrar Muhamad Akmaluddin Abdullah, 35, takes the stand.

3.30pm: Thomas reads out the various transactions amounting to millions that went into Najib’s private account and how it was carried out.

Thomas then informs the court the prosecution will provide evidence to show how the money was used by Najib

“We will produce evidence to show cheques issued for purchases in Chanel Honolulu, renovation works in his residence 11 Langak Duta and various payments to Barisan Nasional politicians.”

Thomas finishes his opening statement.

Najib’s lawyers start their opening statement.

3.20pm: Najib has been emotionless from the time he took his place in the dock. The only activity from the former prime minister and current Pekan member of parliament is when he adjusts his glasses from time to time.

Najib listens as Thomas continued to make the case against him.

3.15pm: Tommy begins the prosecution’s opening statement.

He tells the court the accused Najib during his time in office as prime minister also held the office of finance minister

“Not being satisfied with holding both positions, he was also chairman and adviser of 1Malaysia Development Board and SRC International. The sole power did not lie with the board of directors but in the accused,” he said.

The accused is not above the law and should be an example to the rest, he said, adding that this trial is the first of many kleptocracy cases involving 1MDB.

3.05pm: Najib stands up as the charges are read out to him by the court clerk.

The court clerk reads out the seven charges.

2.55pm: Nazlan after hearing the arguments rules.

“This motion was presented today while charges were filed last August   No requirement to hear the motion now and hence the trial should start now,” he said.

The prosecution starts making its case.

2.45pm: V. Sithambaram argues for the prosecution.

“They say the charge is bad, we say it’s not bad. And if they are bad, we will take the risk. There’s no detriment to their case. They were in a position to challenge these charges as they were filed in August.

“This case can go on and their appeals can be heard later. This is just to delay the trial to listen to their motion.

“This trial should not be scuttled further,” he said.

2.30pm: Defence led by Harvinderjit Singh and former solicitor-general Yusof Zainal Abidin argue why the court should consider its motion to delay the trial.

Yusof: This is only an attempt to delay the trial if after looking at our motions and they are found to be frivolous.

The bundles of documents from the defence are passed to Nazlan.

2.18pm: Tommy replies that the motions have not been served to his office properly. He tells the court he received a set of papers by email at 11.30am for an adjournment at the 11th hour.

“The first charges were filed on July 4 and amended in August. It has been eight months since and yet they waited until this morning to challenge the charges. The trial process is being challenged.

“It’s audacious that they are challenging at 2.15pm April 3 just before I make my opening statement,” he said.

There is no other inference from this conduct other than to delay the trial, he said.

2.15pm: Justice Mohd Nazlan Mohd Ghazali takes his place. Tommy introduces his team and informs him about the parties holding watching briefs.

“We are ready to start,” said Thomas.

However, Najib’s lawyer, Shafee, raises an objection.

“We have filed a motion on points of law that should be taken before the trial starts. We have put in a cert of urgency to look at those motions.”

2.08pm: Najib enters the court and is seated in the public gallery. An aide carries a yellow cushion when he is seated in the dock, which is behind the row of prosecution lawyers.

There are close to 40 journalists in the courtroom.

Sarawak Report editor Clare Rewcastle-Brown is also following the trial in the video room provided for journalists. She said she is here to observe the trial for her report.

Najib now moves to the dock. Court begins its session.

2.05pm: Prosecution led by AG Tommy Thomas and defence team led by Muhammad Shafee Abdullah already seated.

1.50pm: Najib arrives in court. He is accompanied by his son, Ashman. Some 20 supporters meet him at the entrance. After reciting a doa, Najib and Ashman head to the courtroom. – April 3, 2019.