Senior lawyer Tommy Thomas told the High Court in Kuala Lumpur that there are three reasons that Malaysians need to know regarding the RM2.6 billion donation which was deposited into Prime Minister Najib Abdul Razak's personal bank accounts two years ago.
The first is the sources of payment as to who are the people who paid the US$680 million.
"Secondly, what happened to the money and finally why was it given.
"Such answers can only be retrieved if Najib is brought to the (witness stand) and cross-examined," he said.
Thomas submitted that the PKR suit over the RM2.6 billion donation should go to trial and should not be struck out by the court.
He told Judicial Commissioner Mohd Zaki Abdul Wahab that it is very simplistic to classify that this is a wrongful action as it is criminal in nature but in common law, can result in civil and criminal consequences.
"If a person assaulted someone, the victim can lodge a police report where the attacker would face criminal proceedings and also file a civil suit for the injury suffered.
"Similarly if someone forged a signature of a person in a cheque, action can be brought against the bank to gain the money lost. There could be a criminal proceeding if the person who forged the signature is caught."
In human affairs, Thomas said the wrongful action can result in civil and criminal consequences.
Thomas further submitted that the suit should go to trial as there are clearly triable issues which cannot be resolved through affidavits.
The senior lawyer also said in the PKR's statement of claim, the plaintiffs had showed how Najib had allegedly breached his fiduciary duty as he is the finance minister, the chairs of the Finance Ministry Inc and also 1MDB.
“All the alleged monies (deposited into Najib's accounts ) belonged to the three entities,” said Thomas.
He showed that the statement of claim had alleged there are two tranche payments – one from SRC International and the other from the alleged donation.
'There's a prima facie case'
However, Thomas pointed out that 1MDB had previously tried to issue bonds which were previously co-guaranteed by International Petroleum Investment Company and 1MDB to finance the purchase of the independent power plants (IPP).
“By these matters, Najib as PM and chairperson of the board of advisers tried to issue bonds to purchase these IPP at an inflated price through the issuance of the bonds,” he said, adding that the deal, however, did not go through.
Thomas questioned the RM42 million entering into Najib's personal accounts from SRC International Sdn Bhd, a company tasked with implementing corporate social responsibility programme.
“The deposit of RM2.6 billion was never rebutted by Najib as he had admitted it to then former deputy prime minister Muhyiddin Yassin.
“Furthermore, the existence of the alleged draft charge sheet on the RM42 million deposited into PM's account from SRC shows there is a prima facie case on an alleged criminal charge.
“The charge sheet was allegedly drafted by the late DPP Kevin Morais, whose brother Charles Morais had recognised the initials,” he said.
Thomas said the tort of misfeasance in public office was claimed because Najib is the chief executive of the country, and as such there is constructive trust placed on him by the public not to do any alleged wrong-doing.
The senior lawyer said the statement of claim is quite exhaustive and the court should not allow Article 118 to hinder the hearing of the suit.
He said this case deals with other matters other than the Article 118 provision, and hence there is nothing to stop the trial judge from hearing this case.
“For this reason, the plaintiffs apply for the recovery of documents including having Najib table his personal accounts and for this reason, the matter should go for trial. We cannot rely on existing documents,” Thomas said.
PKR and six others filed the suit on Aug 12 where besides naming Najib, they also named BN secretary-general Tengku Adnan Tengku Mansor, the office-bearers of the ruling coalition that spent and won the 2013 general election, 1MDB and the Election Commission (EC) as defendants.
Mohd Zaki fixed Jan 21 for a decision on the bid by Najib and the others to strike out the application. - M'kini
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