NAJIB Razak’s SRC International trial enters its 10^th day today but its continuation depends on a ruling to be made by Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali.

Nazlan is expected to deliver his judgment this morning over an interlocutory application by the defence last Friday to strike out Najib’s seven charges.

Defence lawyers, led by former solicitor-general Yusof Zainal Abiden, argued that the former prime minister’s charges were defective as they lacked clarity and specificity.  

Should Nazlan agree with defence, he may quash Najib’s charges and prosecutors may need to file fresh charges for a new trial.

However, should the trial proceed, its 21st witness – AmBank manager R. Uma Devi – is expected to return to the witness stand for further cross-examination by the defence.

Last week, Uma testified that Najib had opened five accounts between January 13, 2011 and March 9, 2015. Of the RM4 billion that passed through SRC International’s accounts, at least RM42 million made its way into Najib’s accounts, she testified.

Najib was also said to have authorised former SRC International director and CEO Nik Faisal Ariff Kamil to handle his accounts.

Uma’s testimony also revealed that RM3.28 million were transferred from Najib’s account to pay off two credit cards.

Najib faces three counts of criminal breach of trust, three counts of money-laundering and one count of abuse of power over funds amounting to RM42 million linked to SRC International.

The Malaysian Insight brings you today’s proceedings live:

5.30pm: Court is adjourned.

5.20pm: Harvinderjit says someone knew that money would be coming into Najib’s accounts based on the instruction letter.

Referring to the statement of Najib’s 880 account, Harvinderjit says that there were balances around RM60,000 on February 5th, 2015. He says there were insufficient funds to make the RM10 million transactions to account 906 on February 10, 2015.

Hence, Harvinderjit said: “the person who drafted the letter knew that there will be money in the account the next day.”

Uma says that Daniel Lee, who was the relationship manager, was responsible for all internal account transfer.

5pm: On July 24, 2014, a total of RM3 million was transferred to Najib’s AmBank accounts.

Referring to the transfer instruction letter for account number 880 by Nik Faisal dated June 23, 2014, which instructed AmBank to transfer RM1 million to account 898 and RM2 million to account 906, Harvinderjit asks if it would be unusual if the letter was dated 1 month before the transaction.

Uma says it was something abnormal but there are some customers who does it that way.

Harvinderjit: Would it be somewhat unusual if the letter was dated 1 month before the transaction?

Uma: It is not normal. But there are customers who would do that.

4.35pm: Harvinderjit showed Uma a letter which instructed that US$620 million of ‘unused donations and gifts’ be returned. He then asks her if the bank acknowledges the money as ‘gifts and donations’, to which Uma Devi said yes.

Harvinderjit is referring to signatures on an indemnity letter and says there’s no ‘loop’ in the signatures.

He asks Uma to confirm by looking at the copy. She confirms there’s no ‘loop’.

He then asks Uma if those documents allowed Nik Faisal to do internal transfer between the three accounts, and if she could not tell if it’s signed by Najib. Uma agrees.

2.50pm: Harvinderjit is scrutinising all the transactions of SRC International, Gandingan Mentari and Ihsan Perdana. He is comparing signatures, instruction letters, and emails between SRC officials, relationship managers and AmBank branch.

2.30pm: Court is in session. Harvinderjit continues cross-examination.

1pm: Lunch break. Court to resume at 2.15pm.

12.22pm: While Harvinderjit is questioning the witness about Gandingan Mentari’s account, Uma said the account was listed as high risk.

Hence, the bank through its compliance department monitored the account closely.

12.02pm: Speaking about Gandingan Mentari’s opening form, Harvinderjit tells Uma there is a difference in signature between this account and account “650” (SRC International’s), although the signatories are the same – Nik Faisal and Suboh Md Yasin.

11.24am: Harvinderjit goes through documents with Uma and verifying names of directors and dates of account opening of SRC International.

Harvinderjit asks Uma if she knows SRC International was a subsidiary of 1MDB, to which she replied “don’t know”.

Later, Uma agrees that she knew SRC International became a subsidiary of 1MDB after May 2011.

10.33am: Harvinderjit asks Uma if she agrees that only the designated signatories could operate an account.

Harvinderjit : Only they can call for money to be taken from the account?

Uma: Yes.

Harvinderjit: We know companies have shareholders. The shareholder cannot remove the money out from the account?

Uma: Yes.

Harvinderjit: Will the bank honour if the signatures were interchanged?

Uma: Nope.

10.23am: Harvinderjit grills Uma on the practice and processes for debit and credit transactions.

10am: Harvinderjit asks Uma if she is aware if the trio also handled Yayasan Gemilang’s account.

Uma said no.

9.58am: Harvinderjit reaffirms with Uma the relationship managers for SRC International (Joanna Yu, Krystal Yap and Daniel Lee). He asks if she is aware that they are the same team that handled the 1MDB accounts.

Uma agrees.

9.52am: Harvinderjit begins cross-examining Uma.

9.51am: Nazlan notes that there are further trial dates for Najib’s IPIC trial in July.

Shafee said Sequerah usually attends to open court matters in 9.30am and is in chambers before then.

Nazlan said “whenever it is over”, then the SRC International trial can proceed.

9.48am: Defence counsel Harvinderjit Singh corrects Thomas, June 10 to 14 and 18 to 21.

9.47am: Nazlan said he has no issue with the date transfers but justice Sequerah must agree to this matter.

Thomas said he has prepared a letter to be sent out and would formally apply for new SRC International dates with Sequerah at 9am tomorrow with the new dates requested as May 14, 15, 17,  28 to 31 and June 10 to 21.

9.43am: The request for the transfer of 1MDB dates to SRC International trial is for the “public interest”.

Thomas said it is not desirable to complete testimonies of only 35 witnesses with more than 20 left.

Shafee said the defence had always wanted the SRC International trial to continue and that it was overly ambitious to schedule one trial a week apart from the other.

9.38am: Nazlan and Thomas agree to start at 9am and continue until 3pm, with a half-hour break during noon.

Thomas said there are “far more days” needed for the trial, adding that Chief Judge of Malaya Zaharah Ibrahim has not given guidance over the trial dates for SRC International and the 1MDB trial, presided over by Kuala Lumpur High Court judge Colin Lawrence Sequerah.

He said May 14, 15, 17, 28 to 31 and June 10 onwards are allotted to Sequerah for the 1MDB trial to be used for the SRC International trial.

9.34am: Lead defence counsel Muhammad Shafee Abdullah said 8.30am would be difficult for his “supporting staff”.

Shafee suggests the trial start at 9am during fasting month and to have a 30-minute to 45-minute breaks “in consideration of our non-Muslim friends”, adding that “3pm is far too late for lunch hour for those who are going for lunch”.

He asks for a half-hour break during lunch for non-Muslims and for Muslims to pray.

9.32am: Attorney-General Tommy Thomas asks for the trial to begin at 9am and continue until 3pm, after the start of the fasting month on May 6.

Nazlan wants the trial to begin earlier.

Thomas offers 8.30am.

9.30am: Nazlan dismisses application to strike out the charges.

9.26am: Nazlan said the offences levelled against Najib do not constitute double jeopardy as they are different.

The prosecution has delivered voluminous documents and nine days have passed in the trial, therefore it is hard to establish the defence’s claim that Najib is being misled by the wording of the charges, judge said.

9.19am: Court is in session.

Nazlan said there is no requirement for mandatory specification for CBT. Even if it the alleged offence is not stated, a trial can proceed.

He finds no issue with the charges being levelled against Najib for multiple positions in the government.

9.15am: Najib is in a light grey suit and is seated in the public gallery. – April 29, 2019.