Najib's defence hopes to defeat money laundering charges if others don't stick

NAJIB TRIAL | Former prime minister Najib Abdul Razak's defence team is hoping that the money laundering charges against him will collapse if the prosecution is unable to prove the main offences of abuse of power and criminal breach of trust (CBT) in the SRC International Sdn Bhd trial.

During an oral submissions before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, defence lawyer Harvinderjit Singh (photo, above left) argued that the charges against Najib under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFA) would automatically fall apart if he is not convicted of the other offences.

"Section 23 of the MACC Act (abuse of power) and Section 4 of AMLATFA cannot stand alone in these circumstances.

"We cannot prove that the money (that went into Najib's bank accounts) were proceeds from unlawful activities," said the lawyer.

Najib is facing three charges of money laundering involving a sum of RM42 million as well as three charges of criminal breach of trust and one charge of abuse of power.

The prosecution, in a lengthy debate, pointed out that there has been a precedent in which an accused is convicted of money laundering without a conviction on the predicate offences.

Predicate offences refer to a crime that is a component of a larger crime. In money laundering cases, this usually refers to unlawful activities that generated the assets that were supposedly laundered.

However, Harvinderjit argued the Court of Appeal ruling in 2014, where the court found former police officer Azmi Osman guilty of four charges under Section 4 of AMLATFA without being convicted for a predicate offence, is not applicable in Najib's case.

He said this was because Azmi was never charged with any predicate offences to begin with.

Najib should be called to explain money in his accounts, says AG

However, from the prosecution's standpoint, they submitted that Najib can be convicted with money laundering offences even if the court decides to acquit the accused of CBT and abuse of power charges.

Attorney-General Tommy Thomas (photo, above right) said the AMLATFA does not stipulate that an accused facing charges under Section 4 must be convicted or prosecuted with predicate offences in order to be found guilty.

"According to Section 4(4) of AMLATFA, a person may be convicted of an offence under subsection 1 irrespective of whether there is a conviction in respect of a serious offence or foreign serious offence or that a prosecution has been initiated for the commission of a serious offence or foreign serious offence," he told the court.

He also cited Azmi's case, saying that the three-judge Court of Appeal bench had convicted the police officer as he had failed to justify the presence of some RM6 million in his bank account despite a salary of only RM2,800 as a police superintendent.

"As an MP, and a minister, he made less than a million a year. So, this is like Azmi case, when the court convicted a police officer of about RM3,000 salary, the accused (Najib) must explain the RM42m credited into his bank accounts," said Thomas.

The AG also raised the fact that evidence showed Najib had issued hundreds of cheques without a single one being bounced by AmBank.

This, Thomas submitted, did not tally with the defence's claim that Najib did not have any knowledge about the monies that went into the accounts.

The accused had also never complained to the bank on illegal deposits into his accounts, the prosecutor added.

"He must explain. He never questioned his bank, he never sued his bank.

"His defence must be called."

Najib, who was the country's sixth prime minister, is facing a total of seven charges pertaining to RM42m of SRC International money.

These include one charge under Section 23(1) of MACC Act 2009 for abuse of power, three charges under Section 409 of the Penal Code for criminal breach of trust, and three charges under Section 4(1)(b) of AMLATFA.

The trial before High Court judge Mohd Nazlan Mohd Ghazali had commenced for a total of 58 days between April 4 and Aug 26.

Today's hearing was the start of the session for both sides to make their submissions at the end of the prosecution's case. It had previously been set that the session would take two days until tomorrow (Oct 23). - Mkini