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NAJIB SRC TRIAL | The evidence in the SRC International Sdn Bhd case do not show that Najib Abdul Razak was involved in an alleged premeditated plan to take RM42 million from the firm, according to his lawyers.
Defence counsel Farhan Read said the evidence point to fugitive businessperson Jho Low being responsible instead.
This included transferring RM10 million to Najib's accounts in February 2015 to ensure that cheques issued by the former prime minister did not bounce.
"The RM10 million as per the February transaction was only undertaken as a result of matters arrising on Feb 5 and Feb 6 2015 and only because Jho Low needed to ensure that the cheques issued were not dishonoured," said Farhan.
Previously, 54th prosecution witness and former AmBank relationship manager Joanna Yu testified that Najib's accounts were often overdrawn and Low would step in to resolve the matter.
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As for the remaining RM32 million, Farhan (photo) said it was part of a reversal transaction undertaken at Low's behest and for his own interest "as conceded by the investigating officer".
Yu had previously agreed with the defence that the purpose of reversing the transaction into Najib's accounts was so that Putra Perdana Bhd's audited financial statement for the year 2014 would show that cash advances from the company had been zeroised.
The defence maintained Najib was unaware about the RM42 million originating from the state-owned SRC entering his bank account and was under the impression it was a "donation".
"The prosecution's question on why else would RM42 million leave SRC is proof that the prosecution has failed to prove criminal breach of trust and the MACC's charges beyond reasonable doubt.
"No inference is capable. Conjecture does not provide basis in law to overcome lack of proof," Farhan said.
[More to follow] - Mkini
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