KUALA LUMPUR, Feb 14 — Malaysian businessman-turned-fugitive Low Taek Jho had claimed that money — originally raised by 1Malaysia Development Berhad (1MDB) subsidiaries — which had ended up in former prime minister Datuk Seri Najib Razak’s bank account were meant for the latter’s coalition Barisan Nasional, the High Court heard today.
Former 1MDB general counsel Jasmine Loo, the 50th prosecution witness in Najib’s trial over the misappropriation of 1MDB’s RM2.27 billion, said she did not know that these funds that were sent out from 1MDB subsidiaries had also been shifted around to different accounts including Najib’s account.
Loo said she had not known that two sums of US$576,943,490 and US$790,354,855 — sent out by two 1MDB subsidiaries in 2012 — to the British Virgin Islands-incorporated Aabar Investment PJS Limited were sent out to Tan Kim Loong’s Blackstone Asia Real Estate’s account and that the funds were then sent out to other accounts including Najib’s account but did not specify the amount that ended up in Najib’s account.
“About the purpose of the money that was deposited into Datuk Seri Najib Razak’s account, after I got to know about all these transactions through the media and the DOJ report around 2015 and 2016, I did ask Jho Low why there is a need for so much money to be deposited into Datuk Seri Najib Razak’s account,” the 50-year-old former lawyer said, referring to the US Department of Justice by its initials DOJ.
“Jho Low said it is for Barisan Nasional’s political funds, especially Umno,” she said, referring to Low by his moniker Jho Low.
“After I pressed and asked further to Jho Low about these transactions, Jho Low asked me not to worry and he would handle it and I do not need to take any action because he will handle everything.
“Jho Low also said if anything happens to him, he has evidence to show what he did is according to the requests, wishes and within the knowledge of Datuk Seri Najib Razak,” she said.
But at this point, Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah raised an objection to the entire paragraph by claiming it is hearsay, with trial judge Datuk Collin Lawrence Sequerah then recording the objection.
The paragraph that Shafee objected to was on Loo’s testimony on what Low had told her regarding the purpose of the money in Najib’s account and Low’s claim of having evidence regarding Najib.
Loo said Tan Kim Loong — better known as Eric Tan or “Fat Eric” — was said to be a good friend and business partner to Jho Low, adding that Low was always present whenever she had met with Tan.
Loo herself considers Tan to be a friend, after having met with him for the first time at UBG Berhad’s office in 2009 where he was introduced to her by her then colleague Tan Vern Tact.
Previously, prosecution witnesses have laid out several money trails of funds from 1MDB entities flowing into Najib’s accounts in four phases of the 1MDB scheme. Under the second phase which included the two sums of US$576 million and US$790 million shifted around to different accounts, and with US$380 million of such funds eventually reaching Tan’s Blackstone Asia Real Estate Partners, which in October 2012 and November 2012 sent US$5 million (over RM15 million) and US$25 million (RM75 million) to Najib’s AmBank account.
Jho Low and Najib always seen together
Earlier, Loo testified that while she was in 1MDB, she had believed that orders given by Low for 1MDB matters were “in line with Datuk Seri Najib Razak’s wishes”.
“My belief is based on incidents where Jho Low asked me to prepare documents to be signed by Datuk Seri Najib Razak, and I found they were returned complete with Datuk Seri Najib Razak’s signature,” she said, adding that Low had also asked her to prepare the status of 1MDB projects or talking points for him to update Najib on the latest developments.
“I also frequently saw Jho Low and Datuk Seri Najib Razak together or being near each other at the same places in programmes or events related to 1MDB,” she said.
Loo testified that she had also seen Low keep blank yellow papers with the Prime Minister’s Office’s (PMO) letterhead in an envelope for Low to use if necessary.
For example, Loo said she saw a PMO letter on the appointment of 1MDB official Mohd Hazem Abd Rahman which Low prepared at Low’s residence at Kia Peng, Kuala Lumpur. Loo said Low had said he would bring the letter to Najib to be signed.
Loo said the same PMO letter was signed and then sent to 1MDB’s office and that Hazem was then appointed. She did not specify the role that Hazem was appointed to in 1MDB. Hazem first joined 1MDB as chief operating officer (COO) in August 2012, and was later 1MDB CEO from March 2013 to January 2015.
Loo also gave other examples, including when then prime minister Najib was in New York, US for the United Nations General Assembly in 2013 and that Low was also in New York to wait for Najib at the Mandarin Oriental hotel in the same city.
She said Low had also arranged a meeting for Najib with US investors with the cooperation of Goldman Sachs, and that she was also instructed to attend a meeting at Times Warner Centre near the Mandarin Oriental New York to monitor and report to Low about what was discussed.
Earlier today, Loo testified that she had repeatedly handed over 1MDB documents — for Najib to sign off in approval of 1MDB financial plans as representative of 1MDB’s sole shareholder Minister of Finance (Incorporated) (MoF Inc) — to Low outside Najib’s house.
Loo said this took place during 2012 and 2013, where these 1MDB documents which she had prepared as 1MDB’s in-house lawyer were printed and inserted into a plastic folder, and that she would personally hand them over to Low wherever he instructed, including outside Najib’s house.
“When I was asked by Jho Low to meet him at the door of Datuk Seri Najib Razak’s residence at Langgak Duta, Kuala Lumpur, I meant that I will wait for Jho Low in front of the gate at Datuk Seri Najib Razak’s residence,” she said.
“Once, he was waiting at the gate for me and I gave the document to him. There was one time when he asked me to wait outside and he came out from Datuk Seri Najib’s house and took the document from me,” she said, adding that she did not enter Najib’s house but merely waited for Low outside at the gates.
Asked by deputy public prosecutor Deepa Nair Thevaharan, Loo confirmed that she would receive the 1MDB documents with Najib’s signature every time after she handed those documents to Low in 2012 and 2013.
Loo testified that she would give the plastic folder with 1MDB documents to individuals as instructed by Low to be then handed over to Low to obtain Najib’s signature, and that Low would then either personally hand over the signed documents or through other individuals back to Loo.
“If it is not handed over to me, Jho Low will send messages to me through BBM to ensure this document is submitted to the 1MDB office for further action,” she said, referring to the BlackBerryMessenger (BBM) messaging service.
Yesterday, Loo testified that Low had always used his influence as someone who is close to the then PM Najib, and that his actions had sought to portray himself as the “proxy” to Najib who was both the prime minister and 1MDB’s board of advisers’ chairman, adding that many major 1MDB decisions requiring the prime minister’s approval had to be discussed with Low first before being brought to Najib.
Najib’s brother Tan Sri Mohamed Nazir Abdul Razak was sighted in the court complex here today, while Najib’s wife Datin Seri Rosmah Mansor was spotted inside the courtroom.
Lawyer Edmund Bon held a watching brief for his client Loo.
The 1MDB trial resumes this afternoon, with Loo expected to continue testifying.
