Najib’s defence to receive BlackBerry transcripts, says prosecutor


Bede Hong Timothy Achariam

In the SRC International trial at the High Court in Kuala Lumpur, ad hoc prosecutor V. Sithambaram has told the court that telephone transcript evidence not previously submitted would be made available to the defence. – The Malaysian Insight pic by Afif Abd Halim, July 25, 2019.

THE prosecution in Najib Razak’s SRC International trial will provide all communication transcripts from a BlackBerry belonging to former AmBank relationship manager Joanna Yu to the defence to ensure a “fair and transparent trial”.

Ad hoc prosecutor V. Sithambaram told Kuala Lumpur High Court that the defence would have access to hundreds of pages of documents, that were not tendered previously as evidence.

During Yu’s cross-examination this morning, Sithambaram had objected to the defence’s use of emails not tendered by the prosecution as evidence.

After the hearing resumed in the afternoon, Sithambaram informed Justice Mohd Nazlan Mohd Ghazali that the prosecution would produce the remaining communication transcripts on Yu’s phone.

“We wish to inform the court that all the remaining chats will be made available for the defence to study, so that the proceeding is not disrupted.”

Sithambaram said the chat logs should be formally produced by Shuzairizman Shuib, a digital analyst with Bank Negara’s Financial Intelligence and Enforcement Department, who had previously testified at the trial.

“They are not made available today because he is ill with dengue fever,” Sithambaram said.

“However, we intend to give the defence advance copies because these chats involve the witness, Joanna. The prosecution does not wish to defer any document that is relevant to the defence’s case.”

Sithambaram suggested the copies be tagged as ID (identification) and made available for defence lawyers to study over the weekend before they are marked as exhibits.

Defence lawyers are interested in Yu’s relationship with Low Taek Jho.

Najib’s legal team has previously suggested that it was Low who manipulated the former prime minister’s bank accounts and defraud SRC International, with the assistance of bankers and possibly senior executives from the entity.

Earlier, Yu told the court that Low told her to never send statements of Najib’s accounts to either his residence, as was standard practice, or the Prime Minister’s Department.

In one text to Yu when she suggested that they be sent to Najib’s house, Low replied: “No no no! Don’t do that. Too much sensitive information.”

The accounts were to be picked up at the bank, Low said to her.

Yu said she received similar instructions from former SRC International CEO Nik Faisal Ariff Kamil.

Yu also said that Low told to use the codename “MNR” when referring to Najib’s account.

Yu says the reason for “MNR” codename was so that Najib’s name does not appear on any of the statements or transactions as he was a politically exposed person.

She denied that Low told her that the account was to be used for illicit funds.

Both Nik and Low remain fugitives from justice.

Meanwhile, Yu told the court that during her time with AmBank working as a relationship manager, she did not get paid according to the size of the accounts of her clients.

Yu: We don’t get commissions. We do get bonuses. It is tiered accordingly (to our position in the bank).

Harvinderjit: Meaning to say, you don’t have a skin in the game.

Yu: Yes.

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.

The 66-year-old was charged with three counts of criminal breach of trust, three counts of money laundering and one count of abuse of power. He faces up to 20 years imprisonment if convicted. – July 25, 2019.


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