KUALA LUMPUR (Oct 12): A police investigating officer testified in the High Court that during the investigation into the charges against Datuk Seri Najib Razak related to 1Malaysia Development Bhd (1MDB), the former prime minister had allegedly used over RM22 million of illicit funds derived from 1MDB, which were transferred into his private accounts.

Testifying as the 48th prosecution witness in the 1MDB-Tanore trial, investigating officer ACP Foo Wei Min, 48, who was reading from his prepared witness statement, said that Najib had used RM22.65 million involving illegal money from 1MDB’s subsidiary 1MDB Global Investments Ltd (1MDB GIL), which went to Tanore Finance Corp, and eventually ended up in Najib’s AmBank account (ending “694”).

Foo testified that based on his “First in First out” analysis on Najib's bank account there were five transactions (totalling RM22.65 million) involving the use of illegal money from 1MDB GIL at the Tanore level through cheques issued from the account to various entities, including RM20 million to Umno.

"All the cheques in question were signed by Najib himself," ACP Foo testified.

He testified that:

The witness testified that the money received by Umno was confirmed by then Umno treasurer, Datuk Seri Ahmad Husni Mohamad Hanadzlah.

The money received by Umno Batu Kawan division was confirmed by Datuk Mohd Noor Ahmad, then Umno head of Batu Kawan division, Penang who also stated that he had received the cheque from Najib himself and the money was used for political purposes in the area.

ACP Foo testified that ORB Solution's director was Datuk Amhari Efendi Nazaruddin, Najib's former aide. The company had offered Najib "publicity services" online through social media and other online outlets like Najib's private blog. The money received was to build and maintain Najib's online presence.

As for Semarak Konsortium, the owner was Datuk Mohd Omar Mustapha, who had previously testified in this trial.

"The amount of illegal money from 1MDB GIL Tanore level used by Najib was RM22,649,000," ACP Foo testified.

Earlier, Foo had walked the court through his investigations and process of tracking down 1MDB funds. He said he started by tracing money to Najib's AmBank account which had received funds from Tanore.

Foo testified that he had only investigated the money laundering charges brought against Najib which amounted to 21 charges which fell under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).

"This is because for the purposes of the trial under section 4(1) of the AMLATFAPUAA against Najib, it only involves the financial sources channeled by Tanore," he said.

He then explains that he traced the financial source of the funds through documents related to the 'Tanore phase' — the third charge — which was obtained from a bank abroad through an application by the Attorney General based on the Mutual Assistance In Criminal Act 2002 Matters Act 2002 (MLA Act 2002).

Foo testified that the monies involving AMLA in Najib's account (AmPrivate Banking-MR, account ending '694') were from the 1MDB GIL US$1.59 billion bond issuance.

The monies were transferred from March 20 to 21, 2013 to three offshore investment funds.

The funds were:

Foo testified that Devonshire then transfered US$430 million to Granton Property on March 21, 2013 and US$210 million on the same date to Tanore.

Both Granton and Tanore were owned by Eric Tan, a close associate of fugitive-financier Low Taek Jho.

The witness added that Granton then transferred the sum to Tanore as well on March 21, 2013.

From March 22 to 25, 2013, EEM and Cistenique had transfered US$250 million and US$375 million respectively to Tanore.   

"The investigation found that on March 21, 2013 there was a transfer of the proceeds of illegal activities from Tanore's Falcon Bank Account to an AmIslamic Bank Berhad account in the name of AmPrivate Banking-MR [account ending '694'] amounting to US$620 million, which was in six transactions," he said.

He added: "On March 25, 2013, there was another transfer from Tanore to AmBank Account 694 totaling US$61 million in three transactions. According to AmBank official, Yap Wai Keat, it was in nine transactions to avoid interference with the national currency if too large a sum of funds entered Malaysia".

These transactions were also laid out in the prosecution’s opening statement when the trial began in 2019.

When the trial resumed after lunch, Foo testified that there was a transfer of money from 1MDB (at the Tanore level) received by Najib in five transactions between August 2, 2013 to August 23, 2013 totaling RM2,034,350,000 (US$620 million).

Besides this, there were two money transfer transactions from the same source to a new personal account at AmBank ending '880' belonging to Najib on Aug 27, 2013 and August 30, 2013 amounting to RM162,436,711.87.

"The investigation found that an amount of RM2,034,350,000.00 (US$620 million) was returned to Tanore Finance Corporation, Singapore, through five transactions starting on August 2 2013 and ending on August 23 2013.

"The Malaysian Ringgit money that was transferred in the form of US$620 million into the Falcon Private Bank account in Singapore belonging to Tanore Finance Corporation [...]," the ACP testified.

The RM162.4 million Najib transfered was to his AmPrivate Banking — 1MY account (account ending '880') in two transactions. Following the transfer, Najib instructed the bank to close his Amprivate Banking — MR (account ending '694').

ACP Foo said that based on documentation it can be confirmed that the withdrawal or transfer transaction amounting to RM150 million was done on Aug 27, 2013 while the final transaction for this account was on Aug 30, 2013 whereby RM12.4 million was transferred from Ambank (account ending '694'). The final balance after this transaction was RM0. Based on the evidence, Ambank (account ending '694') was closed on the same date.

"Najib had transferred proceeds from illegal activities amounting to RM150,000,000 and RM12,436,711.87 from Ambank [account ending '694'] belonging to Najib to [Ambank] account [ending '880'] belonging to Najib himself," he said.

Apart from the 21 money laundering charges, Najib is facing four counts of abuse of power for using his position as prime minister, finance minister and 1MDB board of advisers' chairman to receive gratification worth RM2.28 billion.

The Edge is covering the trial live here.

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