Out the window with Najib's signature forged claim - prosecution

NAJIB SRC TRIAL | The prosecution said the defence's suggestion that former prime minister Najib Abdul Razak's signature may have been forged in a key piece of evidence in his RM42 million SRC International Sdn Bhd graft trial had gone "out of the window" after they abandoned a plan to bring in an expert witness to prove the allegation. 

The defence had maintained that Najib didn't know about RM42 million originating from state-owned SRC International Sdn Bhd entering his bank account and was under the impression that it was a "donation".

The evidence concerned is labelled P277, a letter purportedly signed by Najib instructing Ambank to transfer RM27 million to Permai Binaraya Sdn Bhd and RM5 million to Putra Perdana Construction Sdn Bhd on Dec 29, 2014.

A few months before that, the two companies had sent the exact same amount to Najib's bank accounts. Their source of funds came from SRC International Sdn Bhd.

The prosecution had used this document to suggest that Najib knew about the money entering his bank account or he would not have known to transfer back the exact sum months later.

However, during cross-examination previously, Najib had cast doubt over whether his signature on the document was genuine.

"He (Najib) said he recognised the content (P277). Therefore it can be presumed the accused signed P277 knowing the contents.

"He did not say it was forged, he needed an expert. He said it could or could not be his signature.

"But the expert did not come. His doubts have to go out the window," said deputy public prosecutor V Sithambaram (above).

Sithambaram suggested that doubts over the document were only raised by the defence in hindsight during the trial.

"We say it (the money) was an advance. If you are turning it back, how can you say you do not know that the RM27 million and RM5 million came in?

"The RM27 million and RM5 million were used for the benefit of the accused. He was using the money because he had no money (at the time).

"It was used for various purposes such as paying for expenses in Italy.

"If Datuk Seri (Najib) returned the money exactly the same sum, we are saying 100 percent he had acknowledged it (money entered his account).

"We contend that the issue of forgery was only raised by the defence as a belated disclosure," Sithambaram said in response to the defence's submission.

The defence had previously said they intend to tender a report by Australian handwriting expert Steven Starch on the signature contained in P277 and several other documents. 

However, on Feb 24, Najib's defence team said they decided not to call the handwriting expert to verify the signatures due to an impasse relating to the terms of Starch's appointment. 

With Sithambaram having wrapped up his oral submission for the prosecution this afternoon, lead defence counsel Muhammad Shafee Abdullah will continue his reply oral submission for the defence tomorrow.

Shafee informed judge Mohd Nazlan Mohd Ghazali that the defence would appear before a separate Kuala Lumpur High Court tomorrow to apply for Najib's RM2.28 billion 1MDB trial, scheduled for the same day, to be vacated.

Shafee said this as the current oral submission in Najib's RM42 million SRC International case will continue tomorrow morning.

Justice Mohd Nazlan Mohd Ghazali had scheduled three days beginning June 1 to hear the oral submissions by both the defence and the prosecution.

However, as oral submissions will continue tomorrow as the submissions cannot be completed today.

On March 11, the defence closed its case after calling 19 witnesses during the defence stage of trial that ran for 33 days beginning Dec 3 last year.

The trial began on April 3 last year, with the prosecution calling 57 witnesses. Following this, the court ordered Najib on Nov 11 to enter his defence on seven charges linked to alleged misappropriation of RM42 million in SRC funds comprising three counts of criminal breach of trust (CBT), three counts of money laundering, and one count of abuse of position in relation to the SRC monies.

In regard to two counts of CBT, Najib, as a public servant and agent through his posts as then prime minister and finance minister, and advisor emeritus of SRC International, was alleged to have misappropriated a total of RM32 million from a sum of RM4 billion belonging to SRC.

He was charged with committing the two offences at the AmIslamic Bank Bhd, Ambank Group Building, No 55, Jalan Raja Chulan here, between Dec 24, 2014, and Dec 29, 2014.

On the third CBT charge, Najib allegedly misappropriated another RM10 million at the same place between Feb 10, 2015, and March 2, 2015.

The three CBT charges were laid out under Section 409 of the Penal Code which provides a maximum sentence of 20 years imprisonment as well as whipping and a possible fine on conviction.

On the charge of abusing his position, Najib as then prime minister and finance minister was accused of having used his position to commit bribery involving RM42 million, via his involvement in the decision to provide government guarantees for loans from Retirement Fund Incorporated (KWAP) to SRC International amounting to RM4 billion.

He was alleged to have committed the offence at the Prime Minister's Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011, and Feb 8, 2012.

The abuse of power charge is laid under Section 23 of the Malaysian Anti-Corruption Commission Act 2009, and Section 24 of the Act provides for imprisonment for up to 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, on conviction.

Regarding the three money-laundering charges, Najib is accused of having received RM27 million, RM5 million, and RM10 million, respectively, from unlawful activities into his two AmIslamic Bank accounts bearing the account numbers ending in 880 and 906.

The offences were allegedly committed at the AmIslamic Bank Berhad, AmBank Group Building, No 55, Jalan Raja Chulan here, between Dec 26, 2014, and Feb 10, 2015.

The money laundering charges are framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001, and the former premier faces up to 15 years imprisonment and a fine of up to five times the sum or value of the illicit proceeds or RM5 million, whichever is higher, on each count, on conviction.

Sithambaram wrapped up his oral submission by reiterating that the seven charges against Najib still stand.

He said that the prosecution's submission has attempted to deal with the central issue of Najib's knowledge.

"We want the court to look at both sides. These are all part of the evidence. It cannot be like a movie where you can edit certain parts," Sithambaram concluded, making reference to the defence allegedly not trying to highlight certain evidence unfavourable to the accused. - Mkini