NAJIB Razak’s SRC International trial enters its 33rd day today, with the 42nd witness, former SRC International director Suboh Md Yassin returning to the stand.

He is expected to be cross-examined by defence lawyers on a phone call from former CEO Nik Faisal Ariff Kamil in 2015, urging him to flee the country.

Suboh also allegedly received a phone call from an unidentified Malaysian Anti-Corruption Commission officer, telling him the same.

The 68-year-old earlier testified he fled to Bangkok because of safety concerns after the 1Malaysia Development Bhd (1MDB) scandal broke in mid-2015.

“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.”

SRC International was a former subsidiary of 1MDB before ownership was transferred to the Minister of Finance Inc in February 2012. Najib was adviser emeritus to SRC International.

Today’s cross-examination will likely focus on his motivation to flee, as well as his claims that Nik Faisal and Najib were in control of SRC International.

Suboh previously testified that in Bangkok, he met a Thai man, identified as Kun, who offered him plane tickets to Abu Dhabi.

He stayed at the Rosewood Hotel in Abu Dhabi for more than a week, with all expenses paid, were he said he was interviewed by MACC officers. He later returned to Bangkok and then Kuala Lumpur.

After the May 9, 2018, elections, Suboh said Nik Faisal contacted him and again urged him to flee to evade the authorities.  

Last week, Suboh told the court that his signatures on about a dozen real-time electronic transfer of funds and securities, or Rentas, letters of instruction to AmIslamic Bank were forged.

The instructions were for AmIslamic Bank to transfer millions between SRC International, its subsidiary Gandingan Mentari and corporate social responsibility partner Ihsan Perdana Sdn Bhd.

Although he agreed with the defence suggestion that Nik Faisal could have forged signatures to carry out transactions involving millions, Suboh said the CEO only did so because he was “emboldened” by a “mountain behind him”.

Suboh did not disclose the identity of the “mountain” in question.

Nik Faisal remains missing and is believed to be in Indonesia, according to reports.

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 personal accounts in 2014 and 2015.

He faces three counts of criminal breach of trust, three counts of money-laundering and one count of abuse of power.

Najib, 66, is represented by a dozen lawyers led by Muhammad Shafee Abdullah.

Attorney-General Tommy Thomas is leading the prosecution while justice Mohd Nazlan Mohd Ghazali is the presiding judge in the case heard in the Kuala Lumpur High Court.  

The Malaysian Insight brings you today’s proceedings live:

4.54pm: Harvinderjit ends his cross examination. Tells Jjudge Nazlan that his fellow defence counsel Farhan Read has some questions for Maliami. 

Nazlan decides to call it a day. Court resumes at 9am tomorrow.

4.31pm: Court resumes with defence counsel Harvinderjit begining cross examination.

4.08pm: Suhaimi ends his questioning. Court takes a 10-minute break.

4.05pm: Suhaimi is going through Maliami’s statement and is verifying details.

3.32pm: 

Suhaimi: For the first government guarantee, you mentioned that Nik Faisal and other representatives from SRC came to MoF. Is it a normal procedure for officers to come and visit you?

Maliami: Normally, officers from companies (who applied for government guarantees) will come and meet me. In this case, they called me to make an appointment

Suhaimi: Who?

Maliami: Nik Faisal

3.30pm: Maliami says he was asked by Afidah Azwa (Finance Ministry’s principal assistant secretary) why they were rushing the government guarantee.

“She told me that she didn’t have enough time to do complete research on SRC International,” he says. 

“Then, I answered that SRC’s loan request was given special attention by then prime minister Najib Razak.”

3.02pm: Maliami says on January 27, 2012, SRC International executives came to MoF to request for the second government guarantee.

2.52pm: Prosecutor Suhaimi Ibrahim questions Maliami.

2.51pm: He says Nik Faisal and Zahid Taib came to MoF on August 15, 2011.

2.49pm: Maliami says on August 12, 2011, SRC International wrote to the ministry to request for a government guarantee.

2.46pm: He agreed to issue two goverment guarantee letters to KWAP in 2011 and 2012.

2.39pm: Court resumes. Taking the stand is 43rd witness Maliami Hamad, 65, secretary of the borrowings/loans division of the Finance Ministry.

He tells the court that his statement was his own and he was assisted by the prosecutor.

12.55pm: Sithambaram completes his questioning and releases Suboh. A new witness will be called after lunch.

12.51pm: Harvinderjit again argues over the line of questioning. 

Sithambaram says he was just asking a normal question as to understand things. 

Judge Nazlan asks to proceed. 

Sithambaram advises Suboh not to be worried of anything and speak only the truth.

12.49pm: 

Sithambaram: At the time you and Nik Faisal were directors of SRC International, was he always in town (in the country)?

Suboh: As far as I remember, sometimes he was in the country, sometimes not.

12.45pm: 

Sithambaram: From what we’ve shown you, which is forged, did you see any money go into Nik Faisal’s account?

Suboh: No 

Sithambaram: Any money went into your account?

Suboh: No

Sithambaram: Are you aware who appointed Nik Faisal as CEO and later as director of SRC International?

Suboh: No, I don’t know.

Sithambaram: Do you know if Nik Faisal had a mandate to deal with Najib’s personal bank account? 

Suboh: I don’t know.

12.34pm: Harvinderjit argues with Sithambaram on why he is going through SRC International’s transactions when they’ve went through them with the bankers. 

Sithambaram says there is no harm verifying them with Suboh, who was SRC International’s director at the time.

Sithambaram promises Nazlan not to take too much time.

12.18pm: Sithambaram is now going through SRC International’s bank statements.

11.59am: Sithambaram says he’ll now go through some SRC International board meeting minutes.

The prosecutor shows Suboh some minutes. 

Sithambaram: (P502) These are minutes of a board meeting held on June 8, 2012. You confirm that you were present at this meeting?

Suboh: Yes.

11.58am: As Sithambaram verifies the Rentas documents, he asks if Suboh knows Krystle Yap.

Sithambaram: Do you know that Krystle Yap is a relationship manager with the with AmIslamic bank?

Suboh: No. I don’t know.

Harvinderjit objects to the line of questioning, saying ithe witness was previously asked about it.

Sithambaram says it shouldn’t be an issue as they are in the midst verification.

11.45am: Sithambaram says he’ll go through the Rentas forms.

11.44am: While verifying the documents, Sithambaram puts it to Suboh that even Nik Faisal’s signatures appear forged or pasted on. 

Sithambaram: Nik Faisal’s signature also is cut and paste. Just like yours. 

Suboh: Ya.

11.33am: Court resumes with prosecutor Sithambaram verifying signatures on documents with Suboh.

10.45am: Shafee: In 2018, why did you leave on a voting day?

Suboh: I just voted and decided to leave.

Shafee: Among all other days, why did you decide to leave on voting day?

Suboh: How do I explain. I think I need to take a break. 

Court laughs.

Shafee: You told MACC on two separate days that the signatures weren’t yours. You gave detailed explanations about this. I think someone threatened you to change your statement

Suboh: Not in that term.

Court takes a break.

10.35am: Suboh: Then I received a call from the MACC telling me not to come.

Shafee: Did you get the name of the officer?

Suboh: No, I didn’t. I’m sorry for that. 

Shafee: You made an appointment with the MACC, then you said received a call telling you not to come. Weren’t you suspicious?

Suboh: I was very confused.

Shafee: Now or then?

Suboh: Then.

10.30am: Shafee: In 2015, did you know that Nik Faisal did something wrong?

Suboh: I had no idea. I just trusted him.

Shafee: When did you come back to Kuala Lumpur? You went to Bangkok, then to Abu Dhabi and back to Bangkok. When did you come back to Kuala Lumpur?

Suboh: Some time that week?

Shafee: Was it still in 2015?

Suboh: I can’t remember.

Shafee: What made you return here?

Suboh: I feel like I can come back here. 

Shafee: You feel safe to come back?

Suboh: Yes.

Shafee: Were you aware that you were sought after by the MACC in 2015?

Suboh: Yes, in fact I volunteered. I called them to give my statement.

10.20am: Shafee : You must have had a reason on why you needed to go away. Did you ask Nik Faisal why? Why follow instructions to go away?

Suboh: No. I didn’t ask.

Shafee: Did you do anything wrong

Suboh: No, I didn’t do anything wrong.

Shafee: Did your wife ask why you were leaving? Did she ask if you are having a second honeymoon? Knowing wives, they would like to ask. Did you find out?

Suboh: No, I didn’t.

10.10am: Shafee: In 2015, he asked you to leave the country. Did you go out of the country in 2015. 

Suboh: Yes.

Shafee: Where? 

Suboh: Bangkok

Shafee: Do you remember the name of the hotel?

Suboh: I can’t remember.

Shafee: Where else you go in 2015? Did you go to Abu Dhabi? 

Suboh: Yes. 

Shafee: Who gave you the tickets?

Suboh: There was this guy, a Thai fellow. He passed me the tickets.

Shafee: Was the ticket for you and your wife? 

Suboh: Yes

Shafee: How long did you stay there?

Suboh: One week.

Shafee: And where did you go after that? Bangkok to Abu Dhabi then to…? 

Suboh: Back to Bangkok. There was a return ticket. 

Shafee: So where did you stay this time. Was it the same hotel? 

Suboh: No, I stayed in a different hotel.

10.05am: Suboh takes the stand.

Harvinderjit asks Suboh if he knows Krystle Yap, Joanna Yu and Daniel Lee, to which the witness answers “no”.

Suboh says Nik Faisal had asked him to go away from Malaysia. 

“He asked me to go away from Malaysia. He wants me to go to Bangkok.”

This was in 2018.

Shafee: Did you ask him what for?

Suboh: No, I didn’t.

Shafee: Why didn’t you ask?

Suboh: Because I refused to go.

10am: Shafee says they have previously communicated with the court to make copies of the transparencies. He says multiple copies have already been made and marked by the court and the documents are not primary documents that cannot be replicated. Shafee says witness Suboh has already confirmed they were forgeries and that the defence has no reason to tamper.

“There is no question of tampering.”

Sithambaram says exhibits that have been marked should not be removed from court. 

Judge Nazlan rules that in the future, for any exhibit that has been marked, any proposal to photocopy them must obtain permission from the prosecution and the judge. Nazlan says this will now be required in writing.

9.55am: Thomas says it is a fundamental rule that exhibits shall remain in court. “If any officers view them, it must be done in an open and transparent manner.”

Nazlan says the documents were viewed and marked by the defence and prosecutors on Friday.

Sitham tells Nazlan that the defence took the documents last Wednesday. 

He then asks why would it take so long to photocopy the documents as the defence said they don’t have it in hand.

9.45am: Court is in session.

Ad hoc prosecutor V. Sithambaram tells the court that the 17 transparencies of scanned letters of instruction are missing from court. The defence had previously sought to add them as exhibits.

The deputy public prosecutor also tells Judge Nazlan that 17 exhibits marked last week are not in court. He requests to Nazlan to get the defence to explain the absence.

Shafee says he wants to have copies of the 17 exhibits and there are no “hanky panky” involved.

The defence lawyer says copies are being of the documents and court officers have been informed.

9am: Najib has arrived at the court house. He is on the 4th floor attending his 1MDB corruption case management involving RM2.28 billion. – July 8, 2019.