SRC trial: Ex-AG Apandi denies orchestrating cover-ups in Najib’s RM2.6b donation, SRC International cases

KUALA LUMPUR, March 9 — Former attorney general Tan Sri Mohamed Apandi Ali told the High Court today he never issued orders for cover-ups related to his January 2016 decision to close investigations on Datuk Seri Najib Razak over a RM2.6 billion donation and funds misappropriation at SRC International Sdn Bhd.

Testifying as the 13th defence witness in Najib’s RM42 million SRC International Sdn Bhd corruption trial, Apandi made his denial under re-examination by Najib's lawyer Tan Sri Muhammad Shafee Abdullah.

Muhammad Shafee: Were you involved in a cover-up when making the decision (to close the cases against Najib on Jan 26 2016)?

Apandi: Definitely no.

Muhammad Shafee: Your team in proposing to you, does it look like a cover-up?

Apandi: I never gave instruction for any cover-up. The answer is no.

Earlier, under cross-examination by ad-hoc prosecutor Datuk V. Sithambaram, Apandi told the court he had no knowledge if Tan Sri Dzulkifli Ahmad had made a suggestion to him on January 5, 2016 to close the Investigation Papers (IP) into both probes concerning the RM2.6 billion donation and SRC International.

Dzulkifli, later appointed Malaysian Anti-Corruption Commission (MACC) chief commissioner in July 2016, was one of the six deputy public prosecutors who assisted Apandi in perusing both IPs.

In a January 26, 2016 press conference, Apandi cleared Najib with regard to abusing his power in the Cabinet meeting which sanctioned the RM4 billion loan to SRC International from Retirement Fund Incorporated (KWAP).

Apandi also announced that no charges will be brought against Najib based on the investigations carried out by the MACC.

MACC audio tape recordings

Apandi also vehemently denied he had knowledge of the nine purported audio recordings related to SRC International and 1Malaysia Development Berhad (1MDB) dealings that were made public in January this year.

Apandi, who was the AG from July 2015 to June 2018, also said the MACC did not sought for his approval as required under the law to tap into the communication devices of Najib and several former government officials.

Under Section 43 of the MACC Act, the Public Prosecutor may authorise any officer of the Commission to intercept communications for purpose of any investigations under the Act.

Muhammad Shafee: Throughout your tenure as AG, has MACC ever come to you to ask about interception?

Apandi: The answer is no. I never had any knowledge of all these so called audio recordings.

He also confirmed he was asked to provide his statement to Bukit Aman on the matter.

In one of the recordings, Najib’s wife Datin Seri Rosmah Mansor could be heard directing her husband on how to take charge and manage the 1MDB scandal that erupted in 2016.

Another audio clip showed how Najib had called Sheikh Mohamed Zayed Al-Nahyan and pleaded for help with money laundering accusations faced by his Hollywood filmmaker stepson Riza Aziz at the height of the 1MDB financial scandal.

Najib is on trial over seven charges related to SRC International Sdn Bhd.

Three are for criminal breach of trust over a total RM42 million of SRC International funds while entrusted with its control as the prime minister and finance minister then, three more are for laundering the RM42 million, and the last is for abusing the same positions for self-gratification of the same sum.