AT Najib Razak’s SRC International trial last week, the court heard that Bank Negara Malaysia had extracted data relating to Low Taek Jho from an AmBank relationship manager’s phone after a raid on the bank in mid-2015.

The data, from a BlackBerry belonging to a Joanna Yu, was later handed over to the Malaysian Anti-Corruption Commission as part of a court-ordered investigation into Low’s activities, central bank analyst Shuzairizman Shuib testified.

The digital forensics specialist said 46 contacts, as well as pictures, emails and text messages, were extracted from Yu’s phone.  

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

The other two relationship managers are Krystle Yap and Daniel Lee. Yu will soon testify at the trial, prosecutors said.

SRC International was incorporated on January 7, 2011 and was owned by 1Malaysia Development Bhd (1MDB) before ownership was transferred to the Minister of Finance Inc on February 14, 2012.

The defence is expected to focus on Low’s alleged involvement as part of their argument that former prime minister Najib was not fully aware of transactions carried out in his name and that he may have been misled by bankers in charge of government-linked accounts working with outsiders, such as Low.

Defence lawyers have said that Yu’s communications with Low are of particular interest to their case.

Meanwhile, former Retirement Fund Inc (KWAP) chairman Wan Abdul Aziz Wan Abdullah told the court that he was asked to expedite the approval of SRC International’s first loan of RM2 billion from KWAP.

“Najib asked me to expedite the approval of SRC International’s loan from KWAP. He also told me that a loan of RM2 billion would be sufficient, and not RM1 billion.

“This meeting involved only the both of us at the prime minister’s office,” he said, adding that he does not recall the date of the meeting, and he did not take notes.

Wan Aziz, who was also Treasury secretary-general at the time, said KWAP’s investment panel earlier decided at a meeting on July 5, 2011 that it could not approve a request by SRC International for RM3.95 billion, as it represented an “over-concentration” of risk.

During cross-examination, he however agreed with the defence’s suggestion that what Najib had said at the private meeting did not amount to an “instruction”.

The previous witness, Maliami Hamad, the Finance Ministry’s former loans management, financial markets and actuary division secretary testified that he was pressured by high-ranking officials who answered to Najib, including Wan Aziz.

Maliami testified that he had to prepare two government guarantees in 2011 and 2012 quicker than he normally would because he was told they had received the “special attention” of Najib.

On the 2011 guarantee, Maliami told the court the pressure came not only came from SRC International but also from Wan Aziz, who said it was a “top-down” matter that must be expedited regardless of circumstances.

The first guarantee was approved on August 26, 2011, and the first loan was disbursed from Retirement Fund Inc (KWAP) to SRC International on August 29, 2011.

The second loan of RM2 billion, however, was disbursed before the second guarantee was prepared. KWAP had then relied on a letter of comfort from the ministry that the guarantee was forthcoming and that the loan could be approved.

The second loan of RM2 billion to SRC International was disbursed on March 28, 2012.

Najib signed documents on car bonnet

Former Treasury deputy secretary-general Mat Noor Nawi told the court that Najib signed a draft memo transferring ownership of SRC International from 1MDB to MoF (Inc) on the bonnet of car at the Subang military airbase in 2012

Mat Noor said he was informed by 1MDB liaison officer Zahid Taib, via phone call, to turn up at the Subang Royal Malaysian Air Force (TUDM) base the next day at 8am on February 3, 2012.

“The car that brought the prime minister stopped by the waiting area of the airport. I went to the car and handed the draft of the memo to him beside the car,” Mat Noor said.

“The prime minister checked the contents of the memo while standing beside the car. After going through four pages, he signed the draft memo and made a notation on the first page, while placing the draft on the bonnet of the car.”  

Lastly, SRC International director Suboh Md Yassin admitted that it was possible former SRC International CEO Nik Faisal Ariff Kamil told him to flee the country because the latter was involved in fraud.

During cross-examination on Monday, Suboh agreed with the defence’s suggestion that Nik Faisal did not want to get implicated in the investigations after news of the 1MDB scandal broke in mid-2015.

In his witness statement read out in court last month, Suboh said he fled because he feared for his life, pointing to the reach Najib had.

“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,” he testified last month.

Suboh said he also received a phone call from an unidentified person at the MACC, who told him to leave the country.

He said stayed in Bangkok for about a month with his wife and that he received return tickets to Abu Dhabi from a Thai man. It was in Abu Dhabi that he was interviewed by MACC officers.

Najib stands accused of criminal breach of trust, money-laundering and power abuse in relation to RM4 billion in loans issued to SRC International in 2011 and 2012, from which he is said to have received RM42 million in his personal accounts in 2014 and 2015.

The 66-year-old faces three counts of criminal breach of trust, three counts of money-laundering and one count of abuse of power. He faces up to 20 years imprisonment if convicted.

Najib is represented by a dozen lawyers led by Muhammad Shafee Abdullah. Attorney-General Tommy Thomas leads the prosecution, while justice Mohd Nazlan Mohd Ghazali presides.

The trial resumes tomorrow. – July 14, 2019.