KUALA LUMPUR: The prosecution in Datuk Seri Najib Tun Razak's 1Malaysia Development Berhad (1MBD) trial told the High Court here that Bank Negara Malaysia (BNM) analyst Adam Ariff Mohd Roslan's testimony on the flow of money in 1MDB was based on his analysis on the former premier's bank statements as well as other documentation.
Deputy public prosecutor Ahmad Akram Gharib said the prosecution never called Adam Ariff, 29, who is the 47th prosecution witness to be testified as an expert witness.
"He is a witness of fact. Failure to cross-examine would amount to acceptance of the facts stated by him. Simple as that," said the prosecutor.
The matter was raised after Najib's lead counsel Tan Sri Muhammad Shafee Abdullah told the court that Adam Ariff was not an expert witness, thus the witness' testimony is therefore not relevant.
"My Lord, I'm wondering in the light of the witness' admission that he is not an expert witness, whether this is an appropriate time to submit that what he has testified is not relevant, because he has expressed his opinion in a report.
"He's now saying he only analysed and that analysis can be undertaken by anyone with a great deal of patience. As Yang Arif is aware, Section 45 of the Evidence Act 1950, only expert witnesses can express opinions," said the lawyer adding that time would be saved if the court were to find that Adam Ariff is not eligible to testify on the 1MDB money trail as the investigating officer could have done it.
Earlier, the witness himself confirmed that he is not appearing as an expert witness in the trial but is testifying as an analyst in the Malaysian Anti-Corruption Commission's (MACC) 1MDB task force.
At this juncture, judge Datuk Collin Lawrence Sequerah interjected that such arguments on the Evidence Act can be submitted at the end of the prosecution's case when submissions are made.
After a short break, Muhammad Shafee then continued to cross-examining Adam Ariff.
During cross-examination by Muhammad Shafee, the witness stood by his money trail report even though the lawyer kept contending that Adam Ariff did not have sufficient documents to come to a conclusion on the issue of a sum of US$20,000,000 credited into Najib's account at Ambank, specifically AmPrivate Banking-MR ending with 694.
When asked by the lawyer, Adam Ariff confirmed that the MACC did not furnish him with any document in relation to Riyad Bank, which was held under the name "HRH Prince Faisal bin Turki Al-Saud/HRH Prince Saud bin Abdulaziz Al-Saud".
The Riyad Bank account transferred the funds to Najib's account within one to three days after Good Star, an entity that belonged to fugitive businessman Low Taek Jho, transferred the funds to Prince Faisal's account.
In his money trail report for the Good Star phase, Adam Ariff stated that a sum of US$20,000,000 was credited into Najib's account in two tranches from Good Star account in Riyad Bank on Feb 24 and June 14, 2011.
Muhammad Shafee: Then you cannot make a conclusion in a scientific way that the US$10 million on two occasions originated from Good Star.
Adam Ariff: In a scientific way, no.
Muhammad Shafee: So it is an opinion based on intelligent guesswork?
Adam Ariff: I disagree. I don't have the evidence on that bank account, but I do have evidence prior to and after the transfer, and feel as an analyst that evidence is sufficient.
Najib, 70, faces four charges of using his position to obtain bribes amounting to RM2.3 billion belonging to 1MDB and 21 charges of money laundering involving the same amount.
The trial before Justice Sequerah continues tomorrow.
-- BERNAMA
Bernama
Tue Oct 10 2023
Datuk Seri Najib Tun Razak faces four charges of using his position to obtain bribes amounting to RM2.3 billion belonging to 1MDB and 21 charges of money laundering involving the same amount. - BERNAMA/Filepic
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.