THE prosecution is expected to conclude its case in the SRC International trial today with the final witness, Malaysian Anti-Corruption Commission investigating officer Rosli Husain.

The defence has said it has 1½ hours left to cross-examine Rosli before prosecutors begin its re-examination.

The prosecutors will question the witness to clarify inconsistent statements as well as to highlight flaws in the defence’s arguments.

After Rosli finishes his testimony, the prosecution will then conclude its case, nearly five months after the trial began on April 3. About a month from now, both sides are expected to present their submissions. 

High Court judge Mohd Nazlan Mohd Ghazali will then decide whether there is a prima facie case against Najib. If that is established, Najib will be asked to enter his defence, after which the trial enters its second phase with the defence calling its witnesses to the stand.

This part of the trial is expected to take place early next year. 

After the defence concludes its case, the final submissions will be ordered, after which Nazlan will reserve his judgment and deliver the verdict.

Last Friday, Rosli told the court that the RM3.3 million expenditure charged to Najib’s credit cards on August 8, 2014, at jeweller De Grisogono in Italy, were for the wife of a former Qatari prime minister.

Najib had told Rosli that during questioning in 2015. Rosli was also shown a letter of appreciation from Noor Abdulaziz Abdulla Turki Al-Subaie, the supposed wife of Shaikh Hamad Jassim Jabr Al Thani, who was then Qatar’s prime minister.

The letter, dated August 15, 2014, was addressed to Najib’s wife, Rosmah Mansor, whom Rosli said did not reveal the letter to him.

The prosecution objected to the inclusion of the letter as evidence and challenged its veracity, saying the defence should call Abdulaziz to the stand.

Rosli also defended the independence of the MACC when questioned why former SRC International director Suboh Md Yassin was questioned seven times, mostly last year.

Rosli said it was the investigation team’s right to question Suboh repeatedly to get a clearer picture due to inconsistencies in the witness’ statements.

“I could use his first statement if I wanted to,” Rosli said.

Suboh was first questioned by the MACC in November 27, 2015, in Abu Dhabi but was questioned again in Jakarta later due to inconsistent statements.

Also questioned by the MACC in the same hotel on November 27, 2015 was Low Taek Jho, who reneged on his promise to return to Malaysian to cooperate with authorities on this trial. 

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

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

His legal team is led Muhammad Shafee Abdullah while Attorney-General Tommy Thomas leads the prosecution.

The Malaysian Insight brings you today’s proceedings live:

1.17pm: Court adjourns until October 22.

12.53pm: The next date for oral submissions is October 22 at 9am.

12.33pm: Nazlan allocates four weeks for written submissions and another three weeks to reply each submission.

The hearing of oral submission will be on October 22.

Nazlan’s decision will be on November 11.

12.22pm: Thomas is setting a schedule for Nazlan’s decision.

12.15pm: The witness is released.

Thomas tells Nazlan that the prosecution’s case is complete while the defence is offering 66 witnesses should the defence be called.

Thomas says that he formally closes the case for prosecution.

Shafee asks if those witnesses mentioned are available.

Sithambaram says the prosecution will make all witnesses available as best as they can.

11.10am: Re-examination of the witness begins.

Rosli says that throughout his investigations he had never had testimonies about forged signatures. It never came up. This is why he did not investigated this issue.

10.28am: Court takes a short recess before re-examination of the witness begins.

10.25am: Shafee suggests that in his MACC statements that there were times where Rosli lied or stretched the truth.

Rosli said he had never done so, adding that he was honest in his investigation paper.

10.22am: Shafee asks if Najib’s cheques bounced, would he have not checked his account or ask why they bounced.

Rosli said “yes, if he wanted to ask. It was up to him”.

10.20am: Shafee suggests that Low went to great lengths to make sure credit card accounts and account statements never made it to Najib.

Rosli said he is not sure.

Shafee then asks if Najib could have told Low to instruct the bank on this, suggesting that it didn’t make sense for the prime minister to do that.

Rosli disagrees.

10.18am: Shafee moves in to question him about Jho Low.

10.11am: Shafee said there was a draft charge for Nik Faisal and (former SRC international director) Suboh Md Yassin for committing CBT with SRC International funds.

Rosli agrees.

Shafee also puts to him that Shamsul Anwar and Abdul Aziz were also recommended to be charged with money-laundering.

Rosli replies that he doesn’t remember this.

Rosli said these people have not been charged. Shafee puts to him that their passports are still blacklisted.

Rosli agrees.

10.08am: Shafee suggests the three were also to be charged with money-laundering in relation more than RM150 million. Rosli said he can’t remember.

10.07am: Shafee asks again if they were recommended to be charged.

Rosli said “yes”.

10.05am: Shafee is allowed to suggest to Rosli that MACC recommended for (former with SRC International CEO) Nik Faisal Ariff Kamil, (former Ihsan Perdana managing director) Shamsul Anwar Sulaiman and (former KWAP chairman) Dr Wan Abdul Aziz Wan Abdullah to be charged as well.

Sithambaram objects again.

10.04am: Shafee asks Rosli if MACC recommended to the A-G that some prosecution witnesses in this case be charged in 2015.

V. Sithambaram objects to this line of questioning, saying that the defence can’t discuss contents in an investigation paper because it’s under the Official Secrets Act.

9.57am: Shafee puts to Rosli that his investigation papers are inaccurate because lawyers in MACC went through them and doctored them. Rosli denies this.

Rosli said the investigation paper was handed over and cleared by MACC director Bahari on December 31, 2015.

Rosli then handed the investigation paper to former attorney-general Apandi Ali on January 26, 2016.

Shafee: Before investigating paper was handed over to the A-G, there was no one DPP that went over it?

Rosli: No.

Shafee: Definitely?

Rosli: As far as I recall.

Shafee: I am putting it to you that your recollection is wrong.

Rosli: As far as the MACC is involved, I am not correct. I handed the investigation paper directly to Apandi.

9.28am: Shafee asks Rosli whether the latter was aware that former Saudi ambassador Syed Omar Syed Mohamad Al Saggaf served as interpreter during a meeting between Najib and King Abdullah. Rosli said “no”.

Rosli said he also not aware whether former foreign affairs minister Anifah Aman was present.

9.25am: Shafee begins his cross-examination of Rosli, asking whether he interviewed former ministers who attended the four cabinet meetings related to the government loans to SRC International.

Rosli said he questioned former second finance minister Ahmad Husni Hanadzlah, former minister in the Prime Minister’s Department Nor Mohamed Yakcop and Muhyiddin Yassin, the then deputy prime minister.

9.18am: Court in session with last prosecution witness Rosli taking the stand. – August 27, 2019.