THE prosecution and defence of the SRC International trial are the Kuala Lumpur High Court seeking a postponement of the 1Malaysia Development Bhd (1MDB) trial, which was set to begin today.

Judge Collin Lawrence Sequerah will listen to arguments put forward by the prosecution and defence before making a decision to postpone or carry on with the trial.

Former prime minister Najib Razak faces 25 criminal charges involving RM2.28 billion in public funds. 

The prosecution will request that the prosecution’s 57th and final witness, Malaysian Anti-Corruption Commission (MACC) investigating officer Rosli Husain be allowed to complete his testimony for the SRC International trial, expected to take a few more days.  

The 1MDB trial was slated to begin today and will proceed until November 14. Depending on Sequerah’s decision, the trial may begin by the end of this month or two weeks after the defence receives pre-trial evidentiary documents. 

At another court, before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, Najib’s SRC International trial is to enter its 54th day today.

Rosli is expected to go through the documents seized by Bank Negara during its raid of AmBank’s Raja Chulan branch in Kuala Lumpur on July 5, 2015. The bank held Najib’s personal accounts and SRC International’s company accounts that include witness statements. 

Rosli testified last week that fugitive financier Low Taek Jho and former SRC International CEO Nik Faisal Ariff Kamil promised to return to Malaysia and assist in the investigations after their statements were taken overseas.

Low was questioned in Abu Dhabi on November 27, 2015, while Nik Faisal was questioned twice in Jakarta in October 2015. Both men are still at large.

Low had left Malaysia on May 29, 2015, while Nik Faisal left the country on May 7, 2018, two days before the 14th general election.

On why the MACC did not impose bail on the duo, Rosli told the court: “As both (Low and Nik Faisal) had their statements recorded and because they gave the commitment, we were confident that they would return to Malaysia to cooperate in this trial.”

Immigration Department placed both men on a travel blacklist on May 14 last year, with arrest warrants issued on May 22.

Rosli told the court an Interpol red notice was issued in Hong Kong, Macau, Thailand, Indonesia, Myanmar and China. 

Despite an alert by Bukit Aman’s National Central Bureau to its Hong Kong counterpart that Low was believed to be at the Maggie & Rose Family Members Club in Repulse Bay, Hong Kong authorities never arrested the 38-year-old Penang-born businessman. 

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 accounts in 2014 and 2015.

The 66-year-old is charged with three counts of criminal breach of trust, three counts of money-laundering and one count of abuse of power.

Najib’s legal team is led by prominent Umno lawyer Muhammad Shafee Abdullah while Attorney-General Tommy Thomas leads the prosecution.

The Malaysian Insight brings you today’s proceedings live:

9.44am: Sequerah advises that they should call some formal witnesses and prepare opening statements for Monday.

He said that he will hear them again for case management on Thursday. Court adjourned.

9.42am: Sequerah asks why the witnesses can’t be prepared and Sri Ram replies that they want to follow an order and they need the witness statements to follow the flow.

Sequerah is unmoved and tells both defence and prosecution that the trial will start on Monday.

9.38am: Shafee asks that 1MDB be postponed until September 3.

Sequerah maintains that the trial starts on Monday, but adds he will be reasonable and stand down or give a few days to go through the documents

9.37am: Shafee tells Sequerah the defence needs three days for the last SRC International witness but promises that they will finish by Friday.

Shafee said because the 15 volumes are being served today to the defence, he needs time to sift through the documents. Defence for SRC International and 1MDB need to make consistent arguments as cases are correlated and it is impossible to split the defence team.

9.34am: Sequerah asks the prosecution to read the opening statement today. Sri Ram said he is not ready with the statement today.

9.31am: Sequerah prepared to make way this week but insists on starting next week.

He will fix Thursday for case management, start on Monday and he will hear oral evidence.

9.28am: Sri Ram said that they don’t have a witness prepared yet while judge said they can do away with the witness statements and start.

Shafee said the statements are important as some are 200 pages long and they can’t proceed without them.

9.27am: Sri Ram said because of administrative differences, they were not able to serve witness statements until Friday because they have to verify documents.

He seeks deferment to September 3.

Sequerah asks for clarification on the witness statements and why they were delayed.

9.26am: Sri Ram said they are unable to proceed with 1MDB today as Najib and Shafee are required to attend SRC International.

He tells the judge that the defence needs 1½ days for cross-examination for the last SRC International witness.

9.23am: Judge Collin Lawrence Sequerah enters the court. Gopal Sri Ram addresses the judge. – August 19, 2019.