The fourth day of the criminal trial of former premier Najib Abdul Razak involving RM42 million of SRC International Sdn Bhd’s funds is set to start at the Kuala Lumpur High Court at 9am today.
Najib is facing a trial into three counts of criminal breach of trust (CBT) and one count of abuse of his position as then-prime minister in relation to funds amounting to RM42 million linked to SRC International, a former 1Malaysia Development Berhad (1MDB) subsidiary.
The 65-year-old politician, who was also finance minister and adviser emeritus of SRC International, is also facing three money laundering charges over the funds.
The three CBT charges are laid under Section 409 of the Penal Code, the abuse of position charge is under Section 23 of the MACC Act 2009, and the three money laundering counts are per Section 4 (1) (b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amlatfa) 2001.
If convicted, the Pekan MP can be sentenced up to 20 years in jail, whipping and fine for the CBT charges; a maximum 20 years' in jail and a fine not less than five times the amount of bribe involved or RM10,000, whichever is higher, for the abuse of position charge; and jail time not exceeding 15 years, and a fine up to RM15 million or five times the amount involved, whichever is higher, for the money laundering charges.
His case will be presided by judge Mohd Nazlan Mohd Ghazali, with the trial to kick-off this morning with Najib’s defence team to cross-examine the third prosecution witness, Bank Negara’s Financial Intelligence Department’s analyst Mohammad Nizam Yahya.
During the third day of the trial yesterday, Nizam, 39, testified that he seized documents related to SRC International subsidiary Ihsan Perdana Sdn Bhd’s three current accounts at Affin Bank Berhad at Raja Chulan, Kuala Lumpur, on July 6, 2015.
He said the seized documents comprised of account opening forms, specimen signature forms, a list of authorised signatories, customer due diligence forms for the three accounts, as well as statements related to the opening of said accounts.
Yesterday, the second prosecution witness, Bank Negara investigation officer Azizul Adzani Abdul Ghafar also told the court that between RM40 million and RM5 million were transacted in accounts belonging to Najib, SRC International, and its unit Gandingan Mentari Sdn Bhd between Dec 24, 2014, and Feb 13, 2015.
Azizul, 41, said that this was seen in documents on accounts of Najib and the two companies, which he confiscated from an Ambank branch at Raja Chulan on July 6, 2015.
The raids on both commercial banks came four days after the international business daily Wall Street Journal reported that investigators believe at least US$700 million had flowed into Najib's bank account.
Attorney-General Tommy Thomas is expected to lead the 13-person prosecution team, comprised of DPPs Sulaiman Abdullah, V Sithambaram, Manoj Kurup, Ishak Mohd Yusoff, Donald Joseph Franklin, Suhaimi Ibrahim, Muhammad Saifuddin Hashim Musaimi, Sulaiman Kho Kheng Fuei, Budiman Lutfi Mohamed, Mohd Ashraf Adrin Kamaril, Muhammad Izzat Fauzan, and Mohd Ashraf Adrin Kamaril.
Najib will be represented by a 13-person defence team led by veteran criminal lawyer Muhammad Shafee Abdullah.
Other members of the defence team are former solicitor-general II Mohd Yusof Zainal Abiden, Harvinderjit Singh, Kamarul Hisham Kamaruddin, Chong Loong Men, Devanandan S Subramaniam, Farhan Read, Wan Aizuddin Wan Mohammed, Rahmat Hazlan, Muhammad Farhan Shafee, Tiara Katrina Fuad, Nur Syahirah Hanapiah, and Zahria Eleena Redza. - Mkini
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