KUALA LUMPUR, Sept 1 (NNN-BERNAMA) – On the opening day of the most-awaited trial of Datuk Seri Najib Tun Razak over 1Malaysia Development Berhad (1MDB) scandal, the prosecution has listed out one by one on how Najib played the pivotal role with his objective to enrich himself.
The prosecution will prove that Najib, along with his alter-ego Low Taek Jho or Jho Low, had taken steps to cover the tracks where sham documents were produced to pretend a donation from an Arab Prince.
Herewith is the gist of the opening statement read out by an appointed prosecutor Datuk Seri Gopal Sri Ram at the first day of trial and the evidence of witnesses before Judge Collin Lawrence Sequerah from Aug 28 and 29.
Najib, 66, is facing four charges of having used his positions to obtain gratification totalling RM2.3 billion in 1MDB funds and 21 counts of money laundering involving the same money.
DAY 1 – Aug 28
- After the 1MDB scandal broke out in early July 2015, the accused with his mirror image Jho Low took steps to cover his tracks.
- Sham documents were produced to pretend a donation from an Arab Prince, including letters and four cheques each for a sum of USD25 million purportedly written out by a person said to be the Arab donor, but these cheques were never meant to be encashed and were never encashed.
- The prosecution will also produce evidence to show that the accused took active steps to evade justice. He interfered with the course of investigation of this case which has come to be known as the 1MDB scandal.
- He took active steps to effect a cover-up of his criminal acts. The prosecution will rely on all this evidence to show that the accused had the requisite mens rea when the offences which he is charged were committed.
- The case concerns the monies of 1MDB which was originally called Terengganu Investment Authority or TIA.
- The accused was instrumental in changing its name to 1MDB and also caused amendments to be made to the articles of the company to place himself in sole control of important matters concerning the business and affairs of the company.
- In short, he was its plenipotentiary. Additionally, he was the chairman of the company’s board of advisers. He used that position and that of the prime minister and minister of finance to do certain acts and to exert influence over the board of 1MDB to carry out certain abnormal transactions with undue haste. The ultimate aim of the accused was to obtain gratification for himself. He succeeded in achieving that aim.
- An elaborate charade was employed. It was acted out in phases in which several characters played a part. But it was the accused who played the pivotal role. His objective was to enrich himself.
- Although this case concerns four phases, the events in respect of them are to be considered as part of a consecutive story because of the prearranged plan by the accused to enrich himself.
- An important character in the charade is a man called Low Taek Jho or Jho Low. He is a fugitive from justice.
- He was involved in TIA and later in 1MDB. The prosecution will prove that the accused by his words and conduct made it clear to 1MDB’s officers, its board and others that Jho Low was his alter ego. In truth, Jho Low was the accused’s mirror image.
- The prosecution will establish facts which will give rise to an irresistible inference that Jho Low and the accused acted as one at all material times.
- The four charges under Section 23 of the Malaysian Anti-Corruption Commission Act are in respect of each of the four phases.
- In respect of these charges the prosecution will prove, through direct and circumstantial evidence that the accused, first in his capacity as the deputy prime minister and minister of finance, and later as prime minister and minister of finance took several steps that led to part of 1MDB’s funds being channelled into his account through a circuitous route to prevent detection of its source.
- The accused thereby used his position for gratification. In each of the phases, the accused acted as one with Jho Low.
- Based on the evidence the prosecution will adduce, that the accused had entered so-called joint venture that never took off. There was no investment and there was no true joint venture. It was all a sham.
- The court then proceeds with the first prosecution witness to testify after Sri Ram completed reading his opening statement.
- The first prosecution witness, Cabinet, Constitution and Intergovernmental Affairs Division deputy secretary-general Datuk Dr Farizah Ahmad, 52, confirmed the positions held by Najib from 2006 to 2018, which included finance minister, defence minister, youth and sports minister, education minister and deputy prime minister.
- While, the second prosecution witness, Prime Minister’s Department, Finance Department accountant Natasha Rahimah Haryati Mohamad, 47, told the High Court that Najib received a special payment of RM1 million after retiring as Prime Minister, as provided under the Members of Parliament (Remuneration) Act 1980 which was made in May 2018.
- She said Najib also received a gross monthly income of RM58,605.15 from April 2009 until May 2018, through his Affin Bank account.
- When questioned by lawyer Tan Sri Muhammad Shafee Abdullah representing Najib, the witness said the RM58,605. was just salary for the prime minister position.
- The third prosecution witness, Malaysian Parliamentary Affairs Division administrative officer Farah Nurdiana Azhar, 42, said Najib had received RM19,846.59 in allowances as a Member of Parliament and Leader of the House (Dewan Rakyat) each month, from Jan 2015 to March 2018.
- She said as of Jan 1, 2015, an MP’s monthly allowance is RM16,000 and with other permanent allowances received on a monthly basis amounting to RM25,700 and Najib had also received an allowance of RM3,846.59 as Leader of the House.
- Former digital press secretary to Najib, Noorhaina Hirawani Mohd Noor, 41, told the High Court that ORB Solutions Sdn Bhd received a cheque worth RM2 million from the former premier on Aug 2013.
- The fourth prosecution witness who is the former chief executive officer of ORB Solutions said the payment was made to her digital service provider company as she managed Najib’s social media accounts in 2013.
DAY 2 – Aug 29
- Former political secretary to the former premier Datuk Wong Nai Chee, 50, told the High Court that payments made by Najib to two organisations, namely a weekly Chinese publication and the administration of a Facebook page went through a middleman instead of to the entities directly as it was to prevent the cheque from circulating on Facebook.
- The fifth prosecution witness, who is a lawyer, said this was also to prevent other people from trying to claim credit for the cheque to enhance their own credibility.
- Wong said the RM246,000 cheque signed by Najib was issued to tycoon Tan Sri Lim Soon Peng, who would then make back-to-back payment to Akademi Kewartawanan dan Informasi and AD Network (the two organisations).
- He said the Akademi Kewartawanan dan Informasi was involved in the publication of a Chinese weekly, while AD Network was the administrator of the Ah Jib Gor Facebook page. He said Lim had no connections with these two entities.
- UMNO Batu Kawan division chief Datuk Mohd Noor Ahmad told the High Court that Najib had given him RM100,000 for the welfare programme for the people in the area.
- The sixth prosecution witness said he had received the money through a cheque from Najib, who was then UMNO president, at the Prime Minister’s Office, in Putrajaya on Aug 6, 2013.
- The High Court also heard that Najib had signed several documents which caused Terengganu Investment Authority Berhad (TIA) to be renamed 1Malaysia Development Berhad (1MDB) in Sept 2009.
- Companies Commission of Malaysia (SSM) assistant registrar Rafidah Yahaya, 48, confirmed the matter when referred to one of the documents, namely form 13 under the Companies Act 1965, which was the Certificate of Incorporation for the change of name of the company on Sept 25, 2009.
- Based on the SSM’ documents read out in court, the High Court was also informed of the change in name of the 1MDB subsidiaries, their directors and addresses of the companies, among which were, Powertek Investment Holdings Sdn Bhd, Powertek Energy Sdn Bhd, Merpati Energy (Langat) Sdn Bhd and Mastika Lagenda Sdn Bhd.
- Several names of key personnel in 1MDB including the chief executive officer (CEO) and company directors of subsidiaries were also mentioned during the trial among others were Nik Faisal Ariff Kamil, former CEO of SRC International Sdn Bhd, Datuk Wan Ahmad Shihab Ismail Wan Ismail, special officer to the Prime Minister (Najib) and 1MDB former CEO Arul Kandasamy.
- Najib, who is also Pekan MP, is alleged to have committed four counts of corruption at Jalan Raja Chulan branch of AmIslamic Bank Berhad, at No. 55, Jalan Raja Chulan, Bukit Ceylon here between Feb 24, 2011, and Dec 19, 2014.
- For the 21 money laundering charges, Najib is alleged to have committed the offences at the same bank between March 22, 2013, and Aug 30, 2013.
- The trial before Judge Collin Lawrence Sequerah continues on Tuesday.
NNN–BERNAMA
