THE Najib Razak trial over 1MDB enters its 10th day today with the accused’s former special officer Amhari Efendi Nazaruddin making a final appearance on the witness stand.

Lead defence counsel Muhammad Shafee Abdullah told the Kuala Lumpur High Court yesterday that he expects to conclude cross examination of the prosecution’s eighth witness today.

Yesterday, Amhari denied he protected Low Taek Jho, who allegedly misrepresented himself as a royal adviser in 2008.

 Shafee had accused Amhari of failing to inform his superiors of Low’s deception because he was “close to Jho Low”. Amhari denied both suggestions.

Amhari also testified that he and Low, along with Najib’s principal private secretary Azlin Alias met BSI banker Yvonne Seah at the Le Meridien hotel in Singapore.  

Seah, who was convicted in 2016, was one of the first people to be jailed for crimes related to the 1MDB financial scandal.  

Amhari told the court he was not aware that he needed clearance from the central bank to receive US$200,000 (then about RM600,000) in his Maybank account in 2011.

Najib is on trial for four counts of power abuse to enrich himself with RM2.3 billion from 1MDB and 21 counts of money-laundering.

The 66-year-old is represented by a dozen lawyers led by Shafee Abdullah. Gopal Sri Ram, a former Federal Court justice, leads the prosecution while Kuala Lumpur High Court judge Collin Lawrence Sequerah presides.

The Malaysian Insight brings you today’s proceedings live:

4.40pm: Sri Ram concludes his re-examination.

He tells the court that the witness will not be released for now as they will need him for a short while on Monday morning before the next witness is called.

Sequerah agrees and adjourns the court till Monday morning.

4.30pm: Amhari says Arul Kanda Kandasamy had once raised questions of Low’s credibility to Najib at a meeting. 

Arul Kanda had asked Najib whether Low’s promise regarding fund units was true.

4.05pm: Court takes a break.

4pm: Amhari now explains about his US$200,000 from Low. 

A: My loan was a Bank Negara loan, which was given to staff. My old house was RM260,000 to RM270,000. The value of my new house in Kota Damansara was RM700,000. There were popular housing areas in Kota Damansara. I decided to sell off my old house to the new house, so there was a balance of RM400,000 for the new house. I signed a purchase agreement to buy the new house with 2% down payment. The agent had told him he would need to secure a loan for his new house. I was convinced that I could sell my old house and get a new house. BNM did not let me take a loan unless I clear all other loans I had with them.

A: Bank Negara wanted me to settle my loans with them. I went to a few people, Low volunteered to lend me the money. With Low’s loan I paid off my outstanding loans with BNM, which was RM300,000. Right after that, I was supposed to pay the balance 8% downpayment of my new house. Eventually, the state told me that I can’t sell my old house because it is a Bumiputera lot. I got a legal firm’s help to continue selling this house and it was rejected in 2012. The total payment I made is more than the loan I took from Low.

He told Low that he couldn’t pay it back, but Low told him “don’t worry, take your time”.

3.55pm: S: Now, I want to talk about trips to New York. How many times did you go? 

A: Two or three times. 

S: Who accompanied him (Najib)? 

A: Rosmah and his other entourage. 

S: Was Low there? 

A: Most of the time when we were in New York or London, he would be around.

S: Did you see him with the prime minister? 

A: He used to make appointments to meet with the prime minister when he was there.

3.50pm: Sri Ram now goes on to Rosmah.

S: In one of your meetings, Rosmah called Low. How did you know that? 

A: She has a unique voice, I knew it was her as I was familiar with her voice. Low also told me it was her. I have spoken to her also.

S: Remember when you said she spoke fondly of Low, when was that? 

A: This was a Hari Raya recording shooting. Low wasn’t there. I can’t remember how, I had the opportunity to talk to Rosmah. She raised his name, I said I know him and she said that he was very obliging.

3.40pm: Amhari says his China trip was very difficult because of the 1MDB issues. He says it was a known fact that Low was connected to 1MDB. When he was asked to go to China by Najib, he was okay with it, but then Najib told him Low would be organising the rest of the trip. 

A: This was when I got sceptical. It was very difficult. I did not want to be included if everything was wrong with 1MDB, I wanted to be the best officer and loyal to Najib. I tried my best.

S: It was put to you that your memory is terrible. But this one event you could remember in your witness statement. What was the purpose of the 1MDB FAQ?

A: These were answers to questions that would be asked.

Amhari says the statement in the FAQ about Low’s involvement was not true.

3.35pm: S: You were working with the accused as when he was deputy prime minister and prime minister. You have said you had interactions with Low and Najib. When you interacted with Low, were any of them in the prime minister’s office? 

A: No. Most of them were outside the office. Most were at Prince Hotel. In 2015, when Low left the country, the communications were through email.

S: Who put Low in a position where he could be close to the accused? 

A: Najib.

3.17pm: Sri Ram asks the witness how was the Terengganu sultan’s attitude towards Low when they had the TIA meeting.

Amhari says the meeting was not hostile and that it was an informal meeting.

3.08pm: Amhari says there were no personal threats from Najib to him, but as prime minister, he had the necessary power to create “instability”.

S: Instability in what? 

A: He has the power to do things. He has supporters, the supporters can take matters into their own hands. Instability in my life.

3.05pm: Amhari explains the threats he mentioned in his witness statement: “Regardless of what I do, the threat is always there. I’m stuck in the middle. Either route I take, there will be threats. I looked back on my religion and decided to tell the truth.”

S: Threats from where? 

A: It can be any stakeholders in this trial. 

S: One of the stakeholders in this case is the MACC, did they threaten you? 

A: No.

S: Then who? 

A: It can be the current government or the previous government.

S: It was put to you that you were in cahoots with Low. What was your role in EPU? 

A: My role was to attend meetings with Efendi Norwawi.

S: So you were a glorified office boy? 

A: If you say so.

2.53pm: On Sri Ram’s questioning, Amhari says he never saw anyone else when he visited the two countries as he was under the impression that they were “secret missions”.

2.45pm: Amhari says after his trips to both countries, he asked to see the prime minister to report about his visits. He says they were light discussions about his trips with Najib.

Najib had asked Amhari if things were “real over there”, so Amhari told Najib that there were projects that Low could get.

2.40pm: Court is in session and Sri Ram resumes re-examination of the witness.

Sri Ram asks Amhari about his trips to Abu Dhabi and China, specifically if he had gone to the Malaysian embassy in China.

Amhari says no.

Sri Ram: You also went to Abu Dhabi. On whose instructions? 

A: On Najib’s instructions. 

S: Were these instructions given out at one meeting or separate meetings? 

A: Separate.

12.55pm: Court is adjourned for lunch.

12.53pm: Amhari says in many occasions as a special officer, his job was to mediate different opinions.

“So when there was a conflict of opinion, I was the facilitator to bring up to the PM.”

Sri Ram: Does your submission included influencing the prime minister?

Amhari: No.

12.48pm: Shafee ends his cross examination and apologises to Sequerah for taking longer than promised.

Sri Ram begins his re-examination.

12.39pm: Shafee asks Amhari if he remembers Arul Kanda Kandasamy.

Amhari says he does: “He’s a good man.”

12.26pm: Najib calls Shafee to the dock to confer for a short while before continuing with the cross-examination.

12.15pm: Shafee suggests the witness and Low acted in tandem to misinform Najib.

Amhari disagrees.

12.08pm: Sri Ram objects to Shafee’s line of questioning.

12.03pm: Shafee suggests Amhari manoeuvred his way to Abu Dhabi to cover up the IPIC deal so that it did not come to Najib’s attention.

Amhari disagrees

Shafee suggests Amhari and Jho Low conspired to defraud 1MDB.

Shafee: I suggest this. Don’t just smile at me. 

Amhari: I disagree.

11.55am: Amhari says that he was very nervous and scared about meeting Chinese officials in China.

Shafee: You keep stressing your importance in China as if you were 007 James Bond.

Amhari: That’s not true. I followed Jho Low and played along.

11.28am: Shafee continues cross-examination. He comes to the part in the witness’ statement where Amhari talks about going to China and Abu Dhabi to to discuss a bailout for 1MDB.

Amhari clarifies that it wasn’t a bailout. He said that this was to cover up something. He says he went to China to ensure cooperation between China and Malaysia. He says that Najib did not ask him to speak about 1MDB there.

11.27am: Court resumes. 

Shafee tells judge Sequerah there are many parts in the witness statement that are hearsay and he will make a submission on them. Sequerah asks him to submit it at the end of the prosecution’s case.

11.01am: Court takes a recess

11am: Shafee suggests that Petrosaudi executives Patrick Mahony and Tarek Obaid tried to conceal information from Najib.

Shafee submits the article as exhibit.

10.48am: Shafee asks Amhari about the documents Xavier Justo sold to MACC.

Amhari says he is aware of it .

Shafee shows him an article based on Justo’s documents entitled “How Petrosaudi executives plotted what to tell Najib”.

The article is published by The Edge, which Shafee does not mention.

10.45am: Shafee recalls the witness’ statement that Low was a master manipulator.

Shafee: You didn’t suggest that Najib was a manipulator. You are alleging against Jho Low. 

Amhari: I’m saying Jho Low is a master manipulator. 

Shafee: You’re not saying your former boss was a manipulator? 

Amhari: Correct.

Shafee: Just as you and Azlin have been manipulated by Jho Low. I’m suggesting that Najib also was manipulated by Jho Low. 

Amhari: I agree. There’s a possibility. Can I add? 

Shafee: No, I’m not interested in your adding.

10.35am: Shafee refers to the part of Amhari’s witness statement where he describes his boss Azlin, unexpectedly losing his cool and slamming a file on his table when the 1MDB scandal broke in 2015. Azlin had shouted “Duit 1MDB-lah, bro!”.

Shafee: When Azlin said this, he could have meant many things. You didn’t clear that with him? 

Amhari: Correct. 

Shafee: I’m putting it to you that he could’ve meant what went into Jho Low’s purchases was 1MDB money, that’s why he said “Duit 1MDB-lah, bro.” 

Amhari: I can agree it’s one of the (possible) interpretations.

Shafee: Could he have said that because the person he thought he could trust, Jho Low, had betrayed the government? Is that one interpretation? 

Amhari: I agree.

Shafee: Could his outburst have had to do with Najib? 

Amhari: I don’t know.

10.30am: Amhari says he had to identify the documents in his cousin’s apartment.

Shafee: I’m putting it to you, this was your method of concealing them to use in the future. This was not a “lepas pandang” situation. 

Amhari: I disagree. 

Shafee: I put it to you that after the interrogation you decided to work with them (MACC) for a lighter sentence. As we can see you have not been charged. This was a tit-for-tat exchange with the MACC. 

Amhari: I disagree.

10.23am: Amhari says he destroyed many documents on Low’s orders save for those recovered by MACC. 

Shafee: For a long time you knew that Jho Low was a manipulator. You knew he was not right, that’s why you kept these documents?

Amhari: I disagree. 

Shafee: This is why you led the MACC to places other than your house; you led them to another house. There’s a lady who lives there? 

Amhari: My cousin. 

Shafee: You kept a lot of important documents there at her place, why is that? 

Amhari: Leading to the election last year, the chief of staff in the PMO had asked us to shred many documents and keep some relevant documents. At that time it was busy because of election preparation. The election work I was doing was mostly done at my house. It so happened that my house was busy and I needed help from my cousin. She helped me and I kept it. I thought I would get it back after but I didn’t.

Shafee: Yes, but you never kept any important documents in your house. This was purposefully organised by you in the event there were issues with Jho Low. 

Amhari: I disagree. The documents were just boxed that way. 

Shafee: MACC says that you knew the boxes and pointed them out when you went to your cousin’s apartment. 

Amhari: They asked to give full cooperation and I decided it was time to give my cooperation. When I was there at my cousin’s place, she pointed out the boxes, not me.

10.10am: Shafee asks Amhari if the MACC had during the course of its investigation searched three places with which Amhari was associated. One of them was Low’s apartment in Jalan Kia Peng 3, another was Amhari’s current residence in Kota Damansara which Shafee refers to as No. 29. 

At the second address, MACC had seized BlackBerry phones, two laptops and documents. 

Amhari says the Blackberry devices were given to him by Low.

10.02am: Amhari says while he was in Khazanah, he also received a salary of RM25,000 by Orb Solutions. 

Shafee suggests Najib had no knowledge he was being paid by Orb Solutions.

Amhari disagrees.

9.42am: Shafee begins cross-examination of witness.

Shafee suggests that Low Taek Jho had such close ties to the Terengganu Investment Authority that the company shared an office with Utama Banking Group.

 Amhari says he didn’t know that.

9.41am: Sri Ram tells the court the Monday session will begin late as deputy public prosecutor Akram Gharib is appearing in another court.

Akram is filing an application to have Riza Aziz’s case transferred from the Sessions Court to the High Court. 

Shafee tells the court he is also involved in the case.

9.37am: Witness Amhari takes the stand.

9.36am: Court is in session.