COMPANIES Commission of Malaysia (CCM) assistant registrar Rafidah Yahaya will be cross-examined today at Najib Razak’s 1MDB trial after she completes her verification of 177 evidentiary documents.

The witness told the high court on Thursday that documents filed with CCM showed Najib gained control of 1Malaysia Development Bhd less than six months after he was sworn in as prime minister on April 3, 2009.

The company constitution of 1MDB’s precursor, Terengganu Investment Authority (TIA), was amended on September 2, 2009. Two days later, Najib signed documents transferring the ownership of TIA to the Minister of Finance Inc (MoF). 

Another document changing the name from TIA to 1MDB was handed over to the CCM on September 25, 2009, Rafidah testified.

TIA, formed in 2008, was the brainchild of former Terengganu menteri besar Ahmad Said.

Rafidah, the prosecution’s seventh witness, told the court that Tuanku Permaisuri Terengganu Tengku Rahimah Putri Almarhum Sultan Mahmud, Mohd Bakke Salleh, Ismee Ismail and Shahrol Azral were appointed as the initial directors of TIA.

On October 10, 2009, Lodin Wok Kamaruddin was made the new 1MDB chairman after Bakke resigned.

Rafidah tendered 151 documents related to 1MDB, Mastika Lagenda Sdn Bhd, Genting Sanyen Sdn Bhd, Powertek Energy Sdn Bhd, Merpati Energy (Langat) Sdn Bhd and Tanjong Energy Sdn Bhd.

Documents showed that Najib’s special officer, Wan Ahmad Shihab Wan Ismail, was appointed to the board of Tanjong Energy Holdings Sdn Bhd on May 22, 2012, just months after 1MDB acquired the energy firm from T. Ananda Krishnan in March. 

Key personnel mentioned included former 1MDB chief Arul Kanda Kandasamy and former SRC International CEO Nik Faisal Ariff Kamil, who remains missing. 

Arul Kanda faces a joint criminal trial with Najib for tampering with the 1MDB audit report. That trial is set to begin on November 18.

For the ongoing 1MDB trial, Najib faces 25 charges: four counts of abusing his position to gain for himself RM2.3 billion and a further 21 counts of money-laundering relating to the same amount.

The 66-year-old is represented by a dozen lawyers led by Muhammad Shafee Abdullah.

Gopal Sri Ram, a former Federal Court judge, leads the prosecution while Kuala Lumpur High Court judge Collin Lawrence Sequerah presides. 

The Malaysian Insight brings you today’s proceedings live:

1.17pm: Court is adjourned to tomorrow, as Shafee has received permission to attend a cousin’s funeral this afternoon.

1.10pm: Court breaks for lunch.

12.31pm: Amhari said the outburst was memorable because that was out of character for Azlin.

12.28pm: Amhari says in early 2015, media reports linking Riza’s film company, Red Granite Pictures, to 1MDB funds began to emerge.

In early 2015, he says, Azlin was increasingly under stress, and on one occasion, slammed documents on the table, shouting “Duit 1MDB lah bro!”. Amhari said the outburst was out of character for Azlin.

12.25pm: Low would give instructions to Azlin to carry out “damage control” or “follow up” to calm the situation, the court hears.

Amhari said his role in the PetroSaudi venture was limited, and that he served as the middleman between Azlin and Low. He says his role in the Aabar venture was limited, too.

12.24pm: Low “aggressively” ramped up damage control at the end of 2014 and early 2015 when the 1MDB scandal was reported by Sarawak Report, Wall Street Journal, New York Times and The Malaysian Insider, the witness said.

12.18pm: Amhari said in his experience dealing with Low, the latter was good at manipulating officers, whether in the Malaysian government or overseas and mostly with Najib’s knowledge.

He said only Low and Najib have the full picture of their dealings. “Low is a ‘master manipulator’ and I can say that I was used.”

12.14pm: Amhari said Low requested that he arrange a meeting with Azlin to discuss the 1MDB venture with PetroSaudi and Aabar.

He said subsequent meetings with Azlin and Low were regarding 1MDB “milestones”.

12.10pm: Amhari speaks about the venture between 1MDB and PetroSaudi and Aabar.

The witness said his exposure to the venture was limited as Azlin was the officer who handled 1MDB affairs in the Prime Minister’s Department and Finance Ministry.

11.25am: Former Agong, Sultan of Terengganu Sultan Mizan Zainal Abidin, was present at the meeting. Low claimed he has connections the palace.

Low said TIA would be converted into a sovereign wealth fund.

11.22am: The witness said he was informed by Low that he is to join a meeting regarding 1MDB’s precursor, Terengganu Investment Authority (TIA).

11.19am: Azlin was known to counter-check instructions from Low with Najib the next day.

11.17am: Officers worked in “silos” and Najib never gave them instructions regarding Low.

Amhari said he treated Low as a Najib confidant and someone who commanded the former prime minister’s trust.

11.14am: After the 1MDB scandal was exposed, Low began to use passwords for email communications with the duo.

Low was also frequently late for his appointments. By the time the 1MDB scandal was publicised, Low had bodyguards, the witness said.

He desribes Low as easy-going and always with a smile.

11.11am: Jho Low dealt directly with Najib, Amhari said.

“Jho knew me earlier than Azlin. He used me to get to know Azlin better.”

The witness said the three met at a hotel to get to know one another better. Najib never instructed them to meet Low.

11.09am: Azlin died in a helicopter crash in 2015. Amhari described Azlin as loyal and competent.

“He also knew how to keep secret all dealings relating to Datuk Seri Najib. This was why he was trusted on many matters.”

11.07am: Low served as go-between in dealings between governments. Aides could confidently deal with Low as he appeared to have Najib’s approval.

11.03am: Najib also knew Dennis See. See and Low appear to be part of Najib’s “inner circle”.

The witness once received a text message from Low: “Bro, I heard you are in DPM office. Congratulations on your appointment and we will be in touch.”

Amhari said he found out from Low that he became close with Najib because he knew his stepson, Riza Aziz. Low was described as “charismatic”.

11.01am: Amhari identifies Low from a picture shown by Akram.

Najib regularly met Low, the witness said, conferring with Amhari and Azlin about Low.

11am: Amhari believed Najib knew Jho Low before they met.

He said Low appeared to be closer to Najib’s wife, Rosmah Mansor, and talked to her many times on the phone.

10.57am: Amhari said the first time he spoke with Najib was during a job interview in 2008.

He described Najib as a “gentleman” who allows his officers to express their views. The witness said this allowed Najib to make strategic decisions.

Amhari said he was advised by senior officers never to share instructions from Najib with others.

10.51am: After Najib became prime minister in 2009, Amhari became a special officer and reported to Najib’s principal private secretary Azlin Alias.

The witness said until 2014, he was as director of ORB Solutions Sdn Bhd, where a previous witness, Noorhaina Hirawani Mohd Noor, served as CEO.

10.48am: In 2006, Amhari joined the EPU under then minister Effendi Norwawi. He later worked as a media officer wtih Najib, the then deputy prime minister.

10.45am: Shafee addresses the court, stating that there are statements in Amhari’s witness statement which are hearsay.

10.43am: He was Najib’s former special officer and remanded last year in the 1MDB investigations.

Deputy public prosecutor Ahmad Akram Gharib begins the examination-in-chief.

Amhari said he has never testified in court before.

10.39am: Rafidah is released, subject to be recalled.

The prosecution will call Amhari Efendi Nazaruddin.

10.38am: Shafee asks if Rafidah can obtain information from UBG (Utama Banking) Group Bhd, between 2004 and 2014. The matter is related to Low Taek Jho, commonly known as Jho Low.

10.37am: Shafee begins his cross-examination.

He asks the witness whether she can obtain documents regarding Wynton Private Equity Group that was formed in 2003 and now dissolved.

Rafidah said she may return with the information by Thursday.

10.35am: Mastika Lagenda was an independent power producer and among “assets of dubious value” acquired by 1MDB, according to Sri Ram in his opening statement last Tuesday.

10.26am: Documents tendered include appointment of directors, annual returns and company addresses.

10.21am: Documents related to Mastika Lagenda Sdn Bhd are being verified and tendered as evidence.

10.15am: Court in session. Rafidah returns to the witness stand and continues verifying documents.

10.12am: Najib enters courtroom along with a handful of supporters. His lawyers return with Shafee conversing with Sri Ram.

10.10am: The court is allowed a short break.

10.03am: Sequerah allows the application.

9.58am: Shafee addresses the court. He is requesting the return of his passport for a work-related trip to Sydney from Thursday until Sunday.

The passport was surrendered after the lawyer was charged with money-laundering and tax offences in relation to the RM9.5 million he received from Najib in 2013 and 2014.

9.51am: Sequerah is hearing a case mention on a forfeiture suit against OBYU Holdings Sdn Bhd over 1MDB-related assets.

9.42am: Court in session.

9.38am: Najib still not present although his lawyers are. – September 3, 2019.