Sithambaram Tears Up Defense

 

Sithambaram explained Judge's phenomenal judgement on Najib's guilt
Court enlightened on overwhelming evidence for Najib's conviction
findings of fact convicted Najib of all seven counts involving RM42m SRC funds
all evidence pointed to Najib using SRC as personal ATM by dictating everything
done through blatant abuse of his position as PM, FM, shadow director of SRC
Najib ensured SRC given RM4b loan G'teed by Govt (GG)
SRC had nothing to show for it until today

• evidence showed Najib's overwhelming, direct control of SRC
• The day money released it disappears...nothing done for 6-7 years
• After that nothing happened, not even one pillar to be marked as a tombstone
• He got loan quickly approved, quickly released, quickly taken out of country
• Najib used his positions to exert authority over RM4b loan without proper process

• loan never repaid, default notices issued to SRC
• (then) MOF provided 3 more loans RM650m to SRC to repay arrears
• all these were approved with consent of Najib 
• He did it to prevent default, could have caused govt to repay entire RM4b

Najib used position for gratification through clear evidence 
evidence that Najib took part in Cabinet meetings, approved GGs for SRC

• SRC gone to Najib directly when it failed to secure loan from EPU 
• SRC did not go through proper process of RM4b loan from KWAP
• Instead (SRC) wrote directly to Najib for intervention
• without intervention, KWAP would never loan to RM2 company, no track record
• banks would have rejected SRC loan outright as it had no means to repay

MOF officials pressured to quickly prepare Cabinet paper for SRC loan 
SRC described as Syarikat PM (prime minister's company).

no specific mention how RM4b would be invested by SRC
decided by Finance Minister - none other than Najib himself

• peculiar manner RM4b loan, approval, Govt Guarantees done
• Najib sought Govt Guarantee for 2nd RM2b
• 1 month before company submitted application 
• as if he had crystal ball to see another loan application coming

Minister of Finance II testified Najib expressly instructed him not to interfere 

My comments :   

Here is some free legal advice (ha ha ha).  If you have already lost your case and you have been found guilty and then you want to appeal - then better change your legal team plus your defense strategy. You cannot stick with the same defense strategy which already lost the case for you.

Because they will have nothing new to say. Why cant they have anything new to say? Because if they change their strategies now it means they are acknowledging their earlier defense strategy did not work. So they will keep pursuing the same strategy but using different words.  

Dont say I did not warn you. 

One defense lawyer actually said Najib has already paid the price for his crime when he lost the 14th General Elections !!

'one of the lawyers in Najib's team, said his client had already paid the price in the 14th General Election (GE14) where the latter lost the elections and grip on power as the ruling government'

I cannot believe that a lawyer can even use such an argument as a defense in a Court of Law.  This is NOT A POINT OF LAW AT ALL. And this is a Court of Appeal - where you can only argue on Points of Law. 

Hello Mr Lawyer, putting it another way, what you are saying is that if Najib HAD NOT lost the 14th General Election then he would NOT have paid the price for his crime.

Meaning you are acknowledging your client is guilty.  Only that his punishment should be mitigated according to whether he lost or did not lose the elections.   

You study lawyer how ah?  

This is the defense. Aiyyo mama. 

Maybe tomorrow?

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.