KUALA LUMPUR: Fugitive businessman Low Taek Jho or Jho Low particularly did not like cheques issued in the name of Datuk Seri Najib Razak to bounce because of insufficient funds, the High Court here heard.
Former AmBank relationship manager Joanna Yu, 55, testified that this was based on her interaction with Low, who specifically mentioned disliking bounced or returned cheques if Najib's account was overdrawn.
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"I don't think he (Low) was concerned about what cheques were being issued, he was concerned about the cheques not being honored by the bank as a result of insufficient funds," Yu said on Monday (Feb 9).
The witness said there were instances where Low's associates would bring cash to the bank to be deposited into the account when it was overdrawn.
Yu was testifying in an examination-in-chief by Najib's lawyer Muhammad Farhan Muhammad Shafee in the RM42mil civil suit filed by SRC International Sdn Bhd and its subsidiary, Gandingan Mentari Sdn Bhd, against the former prime minister over alleged breach of fiduciary duty.
Farhan referred the witness to several text messages between her and Low, who wrote: "Please clear cheques, don't bounce it."
The witness agreed to the suggestion.
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Yu said there were instances where Low made several enquiries to make sure that no cheques bounced.
When asked by Farhan whether it was "normal behaviour" for any account holder to issue cheques knowing that the account was empty, Yu replied that these were not "regular accounts".
"These accounts belonged to the prime minister, these are not regular accounts," she said.
Farhan then “corrected” the witness and said his question was specifically on the "behaviour" of an account holder, and not the status of the account itself.
"I don't think anyone would want to do that, unless they assume there were funds in the account, I guess," Yu said.
SRC and its subsidiary filed the lawsuit in 2021, seeking a court declaration that Najib is liable to them for the receipt of RM42mil, as well as damages for knowing receipt, dishonest assistance, the tort of misfeasance and abuse of power.
The hearing before Justice Raja Ahmad Mohzanuddin Shah Raja Mohzan resumes on Tuesday (Feb 10).
