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PUTRAJAYA, Jan 16 — Datuk Seri Najib Razak today claimed he had not received a text message in October 2009 by then 1Malaysia Development Berhad (1MDB) chairman Tan Sri Mohd Bakke Salleh, where the latter had tried to share his concerns and alert the then prime minister about financial misconduct in the company.
Najib said this while testifying in his own trial, where over RM2 billion of 1MDB funds were alleged to have entered his private AmIslamic bank accounts.
Previously, Bakke told the High Court he had resigned from 1MDB as Najib did not reply to the SMS, and that this caused him to feel that Najib was involved in the 1MDB misconduct. Bakke also felt something wrong was happening without his knowledge.
But when asked to confirm that Bakke had informed him about the mismanagement of 1MDB as early as October 2009, Najib merely said he did not recall getting the text message.
“No, I don’t remember getting his SMS. But I will expect him — actually I wanted him — when he resigned, he should have seen me. We could have discussed the matter — why he resigned — but he didn’t see me, you see,” Najib replied.
But later when asked why he did not ask Bakke to see him upon resigning, Najib insisted that Bakke should have come to see him.
Under cross-examination by deputy public prosecutor Mohamad Mustaffa P Kunyalam, Najib confirmed that Bakke’s October 19, 2009 resignation letter as 1MDB chairman was sent and received at his office and that he knew about Bakke’s resignation then.
Asked if he had asked Bakke why he was resigning, Najib said Bakke did not provide explanations in the resignation letter.
Mustaffa: Tan Sri Bakke resigned from 1MDB, an important company at that time under your purview as finance minister, didn’t it occur to you to call him, and ask him why you resign?
Najib: No, I wished he had seen me. But he said he didn’t see me. I didn’t call him, because I thought he wanted to resign. But he should have seen me, because if anything serious, it is incumbent on him to say why. Why you put the blame only on me? It’s not fair, an officer resigns, he resigns.
Asked if it would have been prudent for Najib as prime minister to ask Bakke about his resignation, Najib replied: “No, he knows me personally, he has access to me. Tan Sri Bakke could have seen me, he didn’t see me. Why am I to be blamed for somebody resigning?”
Responding to the suggestion that Najib did not want to see Bakke as he did not want to know the reasons for the latter’s resignation, Najib replied: “No, no, I disagree with that.”
Mustaffa: Because you don’t want to probe the mismanagement in 1MDB.
Najib: No, I appointed Tan Sri Bakke, a lot of professional people in 1MDB because I expected them to run 1MDB professionally. These are not my cronies, these are people who are competent professionals.
Asked what action he had taken to address the alleged mismanagement in 1MDB after receiving Bakke’s message, Najib replied: “Look, as far as I’m concerned, Tan Sri Bakke did not see me.”
“At that time, I didn’t get Tan Sri Bakke’s message, I don’t remember reading it,” he said.
Najib disagreed that he knew at that time that there was a problem growing at 1MDB, also disagreeing that he knew “something was wrong with 1MDB” upon Bakke’s resignation.
In a rapid-fire exchange of words, Mustaffa asked why Najib continued to meet the 1MDB management in November 2009 in New York, with Low Taek Jho present as well as 1MDB’s then CEO Datuk Shahrol Azral Ibrahim Halmi and then 1MDB director Tan Sri Che Lodin Wok Kamaruddin, even after Bakke resigned in October 2009.
“Look, they wanted me to meet up with Goldman Sachs, it was purely a courtesy call but the rest is up to the management and the board of directors. But to suggest there was something sinister with the meeting, I think that is totally wrong,” Najib replied.
That November 2009 meeting was between Najib with Goldman Sachs’ then CEO Lloyd Craig Blankfein, and was held in Najib’s suite at the Four Seasons Hotel in New York.
Asked why Low had accompanied him to New York just weeks after Bakke highlighted serious mismanagement issues, Najib said a lot of people wanted to accompany and be seen with him as he was a prime minister, and that many who were not invited by him were also present at the meeting.
“In fact, that’s the culture, when the prime minister visits, I think it continues until today, people love to be seen with the prime minister,” Najib said.
Najib also disagreed that he did not ask about the problem with 1MDB’s management then and said he did not know the extent of the problem in 2009.
When Mustaffa suggested that Najib’s decision to bring Low along to New York showed he had no concern about the latter’s involvement in 1MDB, Najib disagreed and said he did not invite Low.
“He was there because a lot of people wanted to be seen with the PM and you know Jho Low has a good relationship with Shahrol. In fact Jho Low knew Shahrol much earlier, Jho Low was responsible for bringing Shahrol into Terengganu Investment Authority and subsequently 1MDB. He has a much closer relationship than I,” he said.
Najib disagreed that he has a much closer relationship with Low.
When Mustaffa suggested that allowing Low to participate in such a high-level discussion despite red flags suggests there was negligence, Najib immediately disagreed.
“No, no, he was not in the meeting, he was in the far end of the room. As far as I’m concerned, he did not participate in the meeting,” he replied.
Mustaffa then suggested that Najib’s alleged “trust and alliance” with Low contradicts his claim of having no knowledge of Low’s involvement in 1MDB’s mismanagement, but Najib disagreed.
Among other things, Najib had earlier today complained about audio recordings of his phone conversations which are now court evidence in his 1MDB trial, describing these as “illegal taping” of his past phone calls as prime minister and a serious breach of his right to privacy.
Najib said he was upset that his phone conversations as a “sitting prime minister” had been taped, saying that this has never happened before and it was unknown who recorded the conversations. He said he could not verify if these recordings were authentic.
“But for somebody – not only sitting prime minister – but for any individual who has got right to privacy, you taped and that tape is used in court. It’s very very disturbing, it’s an invasion of privacy, what more as a prime minister, and not only that, conversations between two heads of government.
“I mean the attitude of the government that hears about this, very disturbed that their conversation with Malaysia’s prime minister at that time can be taped; and can be used in a court of law. This is very, very upsetting you know, from many angles, from constitutional angle, from diplomatic angle and Malaysia’s interests in the long run,” he said.
Trial judge Datuk Collin Lawrence Sequerah took note of Najib’s objections and the trial then continued on.
Previously in his written witness statement in the 1MDB trial, Najibi had questioned whether nine audio recordings – which are now evidence in this High Court – were authentic, but had at the same time said these nine clips are “exculpatory” or would clear him of wrongdoing in the 1MDB case.
Najib’s 1MDB trial resumes tomorrow.