NAJIB Razak’s SRC International trial enters its 30th day today, with the 42th witness, former SRC International director Suboh Md Yassin returning to the stand.

He is expected to be cross-examined by defence lawyers on his claims that he left the country due to fear for his life after the 1Malaysia Development Bhd (1MDB) scandal broke out in mid-2015.

Two weeks ago, the 68-year-old Suboh told the court that he fled to Bangkok, Thailand.

“I was fearful about what was happening and of Najib, who was in power as prime minister then. I did not know what would happen to me and my family.”

Najib, who was also finance minister then, had oversight of 1MDB.

SRC International was formerly a subsidiary of 1MDB before ownership was transferred to the Minister of Finance Inc in February 2012. Najib was adviser emeritus to SRC International.

Today’s cross-examination will likely focus on his motivation to flee, as well as his claims that former SRC International CEO Nik Faisal Ariff Kamil and Najib were in total control of SRC International.

Suboh said he was advised to leave the country by Nik Faisal whose whereabouts are still unknown. He also allegedly received a phone call from an unidentified officer of the Malaysian Anti-Corruption Commission (MACC).

In Bangkok, Suboh said he met a Thai man who offered him plane tickets to Abu Dhabi.

He stayed at the Rosewood Hotel in Abu Dhabi for more than a week, with all expenses paid. He later returned to Bangkok and then Kuala Lumpur.

In Malaysia, Suboh said he was contacted by Nik Faisal, who again told him to flee to evade the authorities. This happened after the general election in May last year.

Suboh had testified that he had a minimal role at SRC International. He said nothing could proceed without the approval of Nik Faisal, whom he described as the sole “link” to Najib.

He told the court that Nik Faisal was referring to Najib each time he said he said a “higher-up” wanted major proposals or transactions expedited.

An example of this, he said, was the board’s decision to expedite a RM250 million grant to Ihsan Perdana Sdn Bhd, which was appointed on September 3, 2014 to carry out SRC International’s corporate social responsibility programmes.

“I raised questions about company rules and issues relating to compliance because the RM250 million involved the use of SRC International funds.

“But Nik Faisal had allegedly said, ‘It will be taken care of’, and added that the matter had been approved by ‘pihak atas’ (higher-up).

“In my opinion, ‘pihak atas’, as mentioned by Nik Faisal, was a reference to Najib, who was adviser emeritus to SRC International,” he had told the court.

Suboh surrendered to MACC in June last year, and has since been in a witness protection programme.

Najib’s charges are linked to RM4 billion in loans issued to SRC International in 2011 and 2012, for 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 leads the prosecution while Justice Mohd Nazlan Mohd Ghazali is the sitting judge in the case heard in the Kuala Lumpur High Court.  

The Malaysian Insight brings you today’s proceedings live:

4.57pm: Court adjourns for the day, to resume tomorrow morning at 9am.

4.49pm: Suboh said that at that time he had health problems.

Shafee put it to him that Nik Faisal had pounced on that weakness and forged Suboh’s signatures.

Shafee says Nik Faisal “Jual Nama” when it came to Suboh.

Shafee said that decisions Nik Faisal had made using Najib’s name was a total failure of the system.

Suboh said that the system was such and that they had taken Nik Faisal’s word that Najib had given those orders.

4.44pm: Shafee put it to Suboh that Nik Faisal forged Suboh’s signature, to which Suboh replied there was a possibility that it could have happened.

4.41pm: Shafee submits that Suboh’s signatures on the scanned copies and the originals do not match, adding that the defence would show Suboh that these signatures do not match.

Shafee implies that someone had forged Suboh’s signature when submitting the original documents to the bank.

Shafee says every single hard copy bears forged signatures.

Suboh replied the MACC never asked him why signatures from the hard copies and the scanned copies differed. He said that the banks also approved them without asking.

4.33pm: Shafee tells the court that all signed Rentas documents given to the bank were scanned copies and not original copies, because the original document has to be returned to the bank 48 hours after the scanned copy is sent.

3.10pm: Suboh is verifying his signature on SRC documents for the court, confirming that Rentas transactions from SRC International to Gandingan Mentari carry his signatures, as well as those of Nik Faisal.

2.57pm: Court resumes with Suboh taking the stand, running through dates and times he was questioned by MACC officers in preparing his witness statement.

1pm: Court adjourns for lunch.

12.30pm: Shafee grills Suboh about a term he used to sign off on RM5 million going out of SRC International. Suboh says he signed the document “ikut sedap”.

Shafee asks what is “ikut sedap”, to which Subaoh replies that his signature varies. Shafee asks him to reiterate that one’s signature can vary and not every signature is identical.

Suboh says the MACC investigating officer asked him for samples of his signature. Suboh says he gave samples of his signature 10 times.

Suboh says the graft-buster did not tell him why they needed the samples and they did not ask him to explain the variations in his signature.

Shafee asks Suboh to sign on a piece of paper to compare it with the 10 samples that MACC took.

Shafee asks Suboh to give about 20 samples because Suboh has had a stroke since he gave samples of his signature to MACC and it needs to be ascertained if his signature has changed since the stroke.

Suboh says he cannot say if his signature has drastically changed since 2011.

12.20pm: Suboh tells the court he was questioned by the MACC at least five times.

He says his statements were taken after the 14th general election.

12.15pm: Shafee begins cross examination.

12.10pm: The DPP asks Suboh to verify the minutes of SRC meetings.

10.30am: Suboh takes the stand.

The defence asks him to verify the minutes of SRC International meetings.

Suboh tells the court about his trip to Abu Dhabi from Bangkok when he was on the run in 2015. He says that upon arrival in Abu Dhabi, he was brought to a hotel. He found out the next day that he was to be interviewed by MACC.

He says he does not know why MACC should wish to question him in Abu Dhabi instead of at home.

Suboh says he received a call from Nik Faisal after the elections last year, telling him to leave the country. He says he last spoke to Nik Faisal after the elections.

He says he did not know why Nik Faisal was asking him to leave the country, but that he told Nik Faisal that he would stay at home to help in investigations.

Suboh says Nik Faisal called him from an overseas number, most likely from China.

Suboh says Gandingan Mentari was established to do CSR work.

10.20am: Nazlan says he has considered the arguments. He said it is not certain when voting in parliament will take place. He said the court does not prevent the accused from attending parliament when he’s not in court. Nazlan says the application to adjourn is rejected.

The hearing continues.

10.05am: Shafee says any lawyer worth his salt knows that equality is not absolute. He says different cases call for different distinctions. 

Shafee says there is a distinction in this case – because Najib is an MP and he has parliamentary duty.

9.55am: Tommy addresses the judge to say the trial is proceeding too slowly and needs to be sped up. He says this is because this is a case of national importance.

Tommy says the court gets Fridays off, which means that if court is adjourned today, this week will see only three days of trial and July, 20 days of trial. Tommy says an MP should be treated no differently from any other person facing a criminal charge in court.

Tommy says voting in parliament generally takes place after 5pm.

He says an MP who is accused and charged shouldn’t be given special treatment. He says the public will question the delay if it is granted.

Tommy says every opportunity the defence gets to delay the trial, it will do so.

He says it is a frivolous application and asks the judge to reject it.

9.40am: Court is in session.

Shafee addresses judge Nazlan, asks to adjourn today’s hearing as the accused has to be in Parliament to vote on a matter regarding the declaration of assets rule for MPs. Shafee says Najib needs to take part in the debate.

Shafee says it is Najib’s duty to attend parliament as an MP. He says it is the first time Najib has asked for trial to be delayed for a parliament sitting. Shafee cites the trials of Karpal Singh and Anwar Ibrahim where they were permitted to attend parliament.

He says his client seeks deferment on two days – today and again in two weeks when parliament votes to lower the voting age. 

Shafee says Najib’s attendance in parliament today is critical.

9.30am: Suboh arrives in a black suit assisted by a cane. He takes his place in the witness stand.

Justice Nazlan is not yet present.

9am: Najib waits in the lounge for court to go into session.

Lead prosecutor Thomas and defence lawyer Shafee are in the courtroom.

Hearing is scheduled to start at 9.30am. – July 1, 2019.