Najib SRC trial: Prosecution will cross-examine former DPP Dzulkifli Ahmad tomorrow

LIVE DAY 90 | The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters day 90 today at the High Court in Kuala Lumpur.

Malaysiakini brings you live reports of the proceedings.

KEY HIGHLIGHTS

• Prosecution will cross-examine former DPP Dzulkifli Ahmad tomorrow
• Then DPP Dzulkifli Ahmad handed to Najib the latter's bank account statement
• Najib cannot be charged without his statement recorded first, former DPP testifies
• Before suggestion to charge Najib, MACC issued statements confirming RM2.6b was donation
• MACC fail to show Najib has knowledge or gave orders for RM42m inflow into his accounts
• MACC recommended Najib to be charged: former AGC DPP
• 'Najib was holding 1MDB-linked monetary flow chart' 
• Najib directed me to get his statement of acc from then DPP Dzulkifli: Shukry
• Najib's former private secretary takes the witness stand
• Former MACC chief could only come to court this afternoon, court hears

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5.30pm - Thank you for following our live report today.

Reporting by Hidir Reduan Abdul Rashid. Photographs by Syazwan Kamal.

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Prosecution will cross-examine former DPP Dzulkifli Ahmad tomorrow

4.20pm - The prosecution is set to cross-examine former DPP Dzulkifli Ahmad in tomorrow's proceedings.

DPP V Sithambaram indicates this to Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali at the end of proceedings this afternoon.

Nazlan then allows proceedings to adjourn for today and to resume after 9am tomorrow morning.

Then DPP Dzulkifli Ahmad handed to Najib the latter's bank account statement

4.16pm - Former DPP Dzulkifli Ahmad testifies that he handed to Najib Abdul Razak the latter's bank statement in 2016.

The defence witness confirms this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah.

Shafee is asking Dzulkifli to confirm whether Najib's then principal private secretary Shukry Mohd Salleh had contacted him (Dzulkifli).

Earlier today, Shukry testified in court that Najib ordered him to contact Dzulkifli to obtain his (Najib) statement of account, following then attorney-general Apandi Ali absolving Najib of wrongdoing in the RM2.6 billion donation issue and the RM42 million SRC International issue.

Dzulkifli, who later became MACC chief commissioner, tells the court today that Shukry did contact him with the request.

Dzulkifli: He (Shukry) said that the prime minister needed his bank statement. At that time, the case has been closed. As the request was on the prime minister's (Najib's) own bank statement, therefore I handed it over (to Najib).

Shafee: You did not ask why he needed his own bank statement?

Najib cannot be charged without his statement recorded first, former DPP testifies

4.12pm - Former DPP Dzulkifli Ahmad testifies that then prime minister Najib Abdul Razak cannot be charged unless his statement has been recorded beforehand.

The defence witness says that Najib also cannot be charged first without the statements of key witnesses like SRC International's CEO Nik Faisal Ariff Kamil being recorded first. 

Dzulkifli is answering lead defence counsel Muhammad Shafee Abdullah's question on then MACC chief commissioner Abu Kassim Mohamed (above), who in July 2015 suggested to the 1MDB task force for Najib to be charged.

"For any case, this cannot be done, because the statements are very important for proving the core of the offences. If there are no statements, then how to charge?" Dzulkifli says.

He also confirms that prior to Abu Kassim making the proposal to charge Najib in July 2015, not only that MACC has not recorded statement from him (Najib), but also did not record a statement from key witnesses like Nik Faisal.

Before suggestion to charge Najib, MACC issued statements confirming RM2.6b was donation

3.52pm - Before the MACC made the suggestion on Dec 31 2015 to charge then-premier Najib Abdul Razak, they had already issued statements confirming the RM2.6 billion into his account was a donation, the High Court hears.

Former DPP Dzulkifli Ahmad testifies that he was shocked by the MACC's suggestion in the investigation papers (IP) on the RM2.6 billion donation issue and the RM42 million SRC International issue.

The defence witness says this is because the MACC had earlier issued statements in August 2015 that confirms the money that went into Najib's account was a donation from Saudi Arabia.

"For me, the donation issue was already settled after I looked at the IPs.

"Najib's defence from my knowledge, is that the monies came from Arab donation," Dzulkifli says.

Dzulkifli later became MACC chief commissioner, replacing Abu Kassim Mohamed.

MACC fail to show Najib has knowledge or gave orders for RM42m inflow into his accounts

3.44pm - Former DPP Dzulkifli Ahmad testifies that the MACC fail to show that then-premier Najib Abdul Razak had knowledge of or given orders for the RM42 million that flowed into his personal accounts.

The defence witness says this in relation to then attorney-general Apandi Ali's decision on Jan 26 2016, to absolve Najib of both the RM2.6 billion donation issue and the RM42 million of SRC International issue.

Dzulkifli said that despite MACC having given the investigation papers (IP) to the AG twice, both times the MACC fail to show that Najib had knowledge that the RM42 million was from SRC International.

He says that MACC also fail to show that Najib had given any orders for the RM42 million be transferred into his personal accounts.

Earlier, Dzulkifli testified that MACC had initially recommended that Najib be charged for criminal misappropriation, which then led to Apandi sending the IPs back to MACC for further investigation.

The MACC later came back with the IPs, to which Apandi later on Jan 26, 2016, made the decision to NFA (no further action) on the IPs involving Najib.

MACC recommended Najib to be charged: former AGC DPP

3.41pm - Former DPP Dzulkifli Ahmad testifies that the MACC initially recommended for then sitting prime minister Najib Abdul Razak to be charged for criminal misappropriation.

The defence witness says this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah.

Dzulkifli is referring to the MACC's initial findings in the RM2.6 billion and the RM42 million SRC International investigation papers (IPs) that was given to then attorney-general Apandi Ali in early Jan 2016.

"As far as I remember, the MACC proposed to charge Najib under section 403 of the Penal Code for criminal misappropriation," Dzulkifli says.

He also says that the MACC alternatively recommended that Najib be charged under section 23 of the MACC Act.

On Jan 26, Apandi absolved Najib of wrongdoing in the RM2.6 billion donation issue and the RM42 million SRC International issue, where the monies flowed into Najib's personal accounts.

3.28pm - Najib Abdul Razak's wife Rosmah Mansor is seen entering the court and take a seat at the front row of the public gallery.

She sits right behind the dock where her husband is sitting as proceedings go on.

Read Malaysiakini's coverage of Rosmah's trial

2.39pm - Former MACC chief commissioner Dzulkifli Ahmad takes the witness stand on behalf of Najib Abdul Razak's defence.

2.38pm - Proceedings resume after break from the late morning session.

Court adjourns for lunch

11.07am - Former prime minister Najib Abdul Razak's former principal private secretary Shukry Mohd Salleh (below) is released from the witness stand. 

Justice Mohd Nazlan Mohd Ghazali allows this following Najib's lead defence counsel Muhammad Shafee Abdullah having wrapped up brief re-examination of the defence witness.

The court then adjourns and will resume at 2.30pm, when former MACC chief commissioner Dzulkifli Ahmad would be able to come to court and testify for Najib's defence.

Najib was holding 1MDB-linked monetary flow chart 

11.04am - Najib Abdul Razak was seen holding a 1MDB-linked monetary flow chart similar to the one revealed by then attorney-general Apandi Ali, the High Court hears.

Najib's former principal private secretary Shukry Mohd Salleh testifies this during cross-examination by DPP V Sithambaram.

Sithambaram is asking Shukry whether the witness knows which account that Najib was referring to when he (Najib) asked Shukry to get his (Najib) statement of account from then DPP Dzulkifli Ahmad on Feb 26, 2016.

Sithambaram: You do not know which accounts that Datuk Seri (Najib) ordered (you) to obtain from Dzul (Dzulkifli)?

Shukry: At that time, Najib was holding a financial flow chart that I think similar to the one shown by the Attorney-General's media release at that time.

On Jan 26 2016, Apandi (above) had absolved Najib of wrongdoing in both the RM2.6 billion donation issue and the RM42 million of SRC International funds, where the monies were found to have flowed into Najib's personal accounts.

During that press conference on Jan 26, Apandi held up several monetary flow charts of billions and millions of ringgit that went into Najib's accounts.

Shukry also tells Sithambaram that he remembers the date of Feb 26 2016, as the time Najib directed him to call Dzulkifli to get statement of account on Najib's account, as he (Shukry) still has the telephone bill for the call to Dzulkifli.

11am - Proceedings resume after a brief break.

Najib directed me to get his statement of acc from then DPP Dzulkifli: Shukry

10.16am - Then premier Najib Abdul Razak had directed his then principal private secretary Shukry Mohd Salleh to get his (Najib) bank statement of account from then DPP Dzulkifli Ahmad on Feb 26, 2016, the High Court hears.

Defence witness Shukry says this during examination-in-chief by lead defence counsel Muhammad Shafee Abdullah.

Earlier, Shukry testified that he became Najib's principal private secretary from April 16, 2015 until Sept 30, 2016.

Shafee: Do you remember on Feb 26 2016, whether Tan Sri (Shukry) was given any directive from then prime minister Najib?

Shukry: Yes.

Shafee: What was the directive?

Shukry: At that time, I was directed to get Datuk Seri Najib's the statement of account from Datuk Dzulkifli.

Shafee: So you then contacted Datuk Dzul?

Shukry: Yes.

Shukry then confirms that Dzulkifli is the same as Dzulkifli Ahmad (below), who was then DPP from Attorney-General's Chambers who later became MACC chief commissioner.

When Shafee asks whether Shukry then followed up with Dzulkifli on the outcome of the request, the witness replies that he then got caught up with other matters, and do not remember the said outcome.

Shafee then wraps up his very brief examination-in-chief of Shukry.

DPP V Sithambaram then informs the High Court that the prosecution needs time to prepare for cross-examination.

Justice Mohd Nazlan Mohd Ghazali then allows proceedings to go for a brief break, and will resume around 10.45am.

Najib's former private secretary takes the witness stand

10.04am - Najib Abdul Razak's former principal private secretary Shukry Mohd Salleh (photo, above) enters the witness stand to begin testifying for the defence.

Former MACC chief could only come to court this afternoon, court hears

10.02am - Former MACC chief commissioner Dzulkifli Ahmad could only testify in Najib Abdul Razak's RM42 million SRC International trial at 2.30pm, the High Court hears.

Lead defence counsel Muhammad Shafee Abdullah informs Justice Mohd Nazlan Mohd Ghazali that this is because the defence witness has a court matter at Shah Alam this morning.

Shafee tells the court that the defence has Najib's former principal private secretary Shukry Mohd Salleh, who is ready to testify this morning.

Proceedings begin

10am - Former prime minister Najib Abdul Razak enters the dock as proceedings before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali begins.

9.45am - Former prime minister Najib Abdul Razak enters the Kuala Lumpur High Court and takes a seat at the front row of the public gallery to await the beginning of the RM42 million SRC International trial.

Earlier this morning, he and his defence team attended mention of his RM2.28 billion 1MDB case before a separate Kuala Lumpur High Court.

Former MACC chief commissioner Dzulkifli Ahmad is expected to testify on the 90th day of former premier Najib Abdul Razak’s RM42 million SRC International trial today.

Yesterday, at the end of proceedings, lead defence counsel Muhammad Shafee Abdullah informed the Kuala Lumpur High Court that Dzulkifli, as well as Najib’s former principal private secretary Shukry Mohd Salleh, are expected to take the witness stand today.

Dzulkifli were allegedly among the 1MDB-linked conversations contained in nine audio recordings that the MACC had released to the media on Jan 8.

On March 3, Shafee had indicated to Justice Mohd Nazlan Mohd Ghazali that the defence has a good chance of wrapping up its case yesterday. However, the defence stage of the trial continues today.

Yesterday, the court heard that then MACC chief commissioner Abu Kassim Mohamed had suggested to the multi-agency 1MDB task force for the then sitting premier Najib to be charged.

The court, among others, also heard yesterday from former attorney-general Mohamed Apandi Ali that Najib had no knowledge that RM42 million flowed from SRC International into the accused’s personal accounts.

Apandi also reiterated in court his decision on Jan 26, 2016, to absolve Najib of wrongdoing in relation to the RM2.6 billion donation and RM42 million of SRC International's funds, both of which ended up in the accused's personal accounts.

Najib is on trial for one charge of abuse of power, three charges of criminal breach of trust, and three counts of money laundering in relation to the RM42 million of SRC International’s funds.

Proceedings before Nazlan may resume later than 9am because Najib and his defence team needs to attend to the accused's separate RM2.28 billion 1MDB case at another Kuala Lumpur High Court.