The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 13th day at the Kuala Lumpur High Court today.
Najib is being tried on three counts of criminal breach of trust (CBT) under Section 409 of the Penal Code; three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amlatfa) 2001; and one count of abuse of power under Section 23 of the MACC Act 2009.
If convicted, the Pekan MP can be sentenced up to 20 years' jail, whipping and fine for the CBT charges; 20 years' jail and a fine not less than five times the amount involved or RM10,000, whichever is higher, for the abuse of power charge; and 15 years' jail and a fine up to RM15 million or five times the amount involved, whichever is higher, for the money laundering charges.
Proceedings will be presided by judge Mohd Nazlan Mohd Ghazali and is set to kick off at 9am with the prosecution to continue its examination-in-chief of Amirul Imran Ahmat, the former assistant vice-president of the Retirement Fund Incorporated’s (KWAP) fixed income department.
Previously on Friday last week, the 29th witness testified that KWAP had taken unusual steps in approving the total RM4 billion in loan applications from former 1Malaysia Development Bhd (1MDB) subsidiary SRC International.
He said that the retirement fund’s management had considered SRC International's application without any supporting documents from the latter.
The application was received through a letter dated June 3, 2011, which was signed by SRC International director Nik Faisal Ariff Kamil.
Amirul told the court that the letter also contained a handwritten note by then prime minister and finance minister Najib, which stated that he “agreed with KWAP giving the loan to SRC”.
The note was accompanied by Najib's signature.
Amirul, who was at the material time still assistant vice-president of KWAP’s fixed income department, said he had then sent an email request to Nik Faisal to provide necessary documents to facilitate the application process.
Among the documents requested by KWAP were 1MDB's audited accounts since its incorporation, company profiles, and latest available management accounts.
The 39-year-old said a series of emails then ensued between him, his then superior Ahmad Norhisham Hassan (now deceased), Nik Faisal, and the latter's assistant Noor Azlina over KWAP's request for the documents.
The emails also include further requests for more documents on SRC International and its owner 1MDB.
The documents, however, were never delivered despite promises made by Noor Azlina and Nik Faisal to deliver them to KWAP.
The court had previously heard that a total RM4 billion was transferred from KWAP’s account to SRC International’s Ambank accounts between August 2011 and March 2012.
Attorney-General Tommy Thomas leads the 13-person prosecution team, comprising deputy public prosecutors 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 Ashrof Adrin Kamarul.
Najib is 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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