Joanna Yu, 54, was subpoenaed by the former prime minister’s legal team to testify at the trial of a civil suit brought by SRC International Sdn Bhd and its subsidiary Gandingan Mentari Sdn Bhd against Najib.
During examination-in-chief by defence lawyer Farhan Shafee, Yu conceded that all instructions as regards the contents of letters came from Low, after which the documents would be prepared for then SRC International CEO Nik Faisal to sign.
Farhan: Would you be able to confirm that instruction letters would come from Jho Low, which you would assist to draft for Nik Faisal to sign in his capacity as a mandated account holder’s representative?
Yu: I believe Nik Faisal would have to confirm it’s in order before he signs.
Yu was unable to confirm whether Nik Faisal independently verified the contents of the letters or obtained approval from Najib, the account holder, before signing.
However, she agreed that as far as she knew, the process involved Low issuing an instruction to her for a letter to be prepared, which Nik Faisal would sign.
Yu also testified that Low had, on several occasions, messaged her to inquire about the balance in Najib’s account and instructed her to ensure that cheques issued from Najib’s accounts were not returned due to insufficient funds.
“I don’t think he was concerned about what cheques were being issued. He was concerned about the cheques not being honoured by the bank as a result of insufficient funds,” she said.
She added that associates of either Nik Faisal or Low would bring cash to the bank to be deposited into the account whenever it was overdrawn.
Najib was seen in the gallery during the proceedings, accompanied by his wife, Rosmah Mansor.
SRC and Gandingan Mentari are suing Najib to recover RM42 million allegedly misappropriated from the company’s accounts.
Najib, 72, has been jailed since Aug 23, 2022, following his conviction for misappropriating RM42 million in SRC funds. He was sentenced to 12 years’ jail and fined RM210 million.
On Jan 29, 2024, the Federal Territories Pardons Board halved his jail term, and reduced his fine to RM50 million.
On Dec 26 last year, Justice Collin Lawrence Sequerah, now sitting in the Federal Court, sentenced Najib to 15 years in prison and fined him RM11.387 billion after finding him guilty of abuse of power and money laundering in his 1MDB corruption case, with the prison term to follow immediately after he completes his current jail term.
Counsel Lim Chee Wee represented SRC and Gandingan Mentari.
The hearing before Justice Raja Ahmad Mohzanuddin Shah Raja Mohzan continues tomorrow.