KUALA LUMPUR (Nov 14): Investigating officer (IO) Foo Wei Min, testiying in the 1Malaysia Development Bhd-Tanore (1MDB-Tanore) trial, stated that former prime minister Datuk Seri Najib Razak did not respond to questions regarding five transactions purportedly conducted with 1MDB funds.

Foo, who is the prosecution's 48th witness, said that while recording statements from Najib in 2018, the latter was uncooperative when asked about five transactions, allegedly linked to the RM2.27 billion 1MDB funds, which had entered into his private account and which were laundered.

Foo testified that when Najib was asked about these, he answered: “I will answer in court”.

The five transactions Foo asked Najib about were payments purportedly transacted from the former prime minister's AmBank account:

Shafee had a heated cross-examination with Foo after the assistant commissioner of police admitted that the transactions took place in October 2018 — after Najib was charged in the 1MDB-Tanore trial.

Shafee asked why they were conducting investigations into Najib only after he was charged for those transactions, and even implied to Foo that a “higher power” had compelled him to ask Najib because they could not make the charges stick to Najib.

“Did some power above you, not from the police (it could be from anywhere), ask you to ask Najib about money in his accounts after he was charged?” Shafee asked.

Foo disagreed, saying: “I had to ask because these were transactions pertaining to the Tanore phase of our investigation."

Shafee then asked Foo about the 21 money-laundering charges Najib is facing under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

The lawyer suggested that Najib had never concealed the money in his accounts and transferred them openly, intimating to Foo that this was not the “pathology” of someone who laundered money as they would conceal and layer the money.

Foo answered that for AMLA, there needs to be a predicate offence, and that "they have to determine elements of what constitute an AMLA charge". 

“I’m not sure why the accused did this openly (without concealing his money). It is adhering to an offence under the Act,” Foo said.

Shafee: But you agree with me the basic premise of AMLA offenders is that layering or concealing money is for the purpose of [money laundering].

Foo: For the purpose of the 1MDB [investigation], there was tremendous money that was laundered and layered from ill-gotten gains. Then it came back to Malaysia, to the AmBank account ending 9694 (One of Najib’s private AmBank accounts), and it was spent.

Shafee: I’m afraid you are not answering my question. I am saying the way Najib was transferring money to other bank [accounts] was not concealing. He did it openly. 

Foo then explained how the money was laundered. Shafee then asked Sequerah to get Foo to answer the question. Sequerah asked the witness to answer either “agree” or “disagree”. 

Shafee: Do you agree that there was no act of concealment from Najib? 

Foo: I disagree. 

Shafee: Did he layer his money?  

Foo: He did. 

Shafee: You mean [the fact that] he transferred money from one bank [account] to another was layering? Are you sure? 

Foo: Yes. 

Shafee: I will go into detail. Datuk Seri Najib must have 'suicidal' tendencies to transfer from one account to another. 

Sequerah then interjected, asking Shafee to leave this point for his submissions.

Najib is on trial over four counts of abuse of power and 21 counts of money laundering involving RM2.27 billion from 1MDB, a sovereign wealth fund fully owned by the Minister of Finance Incorporated (MOF Inc).

The Edge is covering the trial live here.

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