NAJIB TRIAL | The prosecution has not been able to prove that Najib Abdul Razak has control in the transfer of RM42 million of alleged SRC International funds into his accounts, argued the former prime minister’s defence counsel.
During submission at the end of the defence stage of the RM42 million SRC International case against Najib today, lawyer Harvinderjit Singh said this is because the prosecution’s case now relied on answers obtained from the accused during the defence stage of the trial.
He told Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali today that this has strayed from Nazlan’s own prima facie ruling against Najib whereby the accused was ordered to enter his defence.
The lawyer pointed at the prosecution’s main case that Najib had alleged dominion on the funds and allegedly in cahoots with wanted businessperson Jho Low, SRC International’s then CEO Nik Faisal Ariff Kamil, and Najib’s then principal private secretary Azlin Alias, in the transfer of the monies.
“However, the charges are that Najib (allegedly) committed CBT (criminal breach of trust) of RM42 million. But the charges did not state conspiracy.
“So what happened was that the prosecution tailored their case,” he said.
Harvinderjit added that this is strengthened by Section 257 of the Criminal Procedure Code which states that in the event the court orders an accused to enter his defence, the accused need to be referred to the main points of the prosecution’s case to which the accused need to answer.
He submitted that during the defence stage of the trial, the prosecution cannot introduce new evidence through answers gotten from the cross-examination of Najib during the defence stage of hearing.
Harvinderjit (photo) further submitted that the defence since the very beginning had argued that Low’s entire role was to carry out subterfuge in relation to the transfer of the millions of ringgit in and out of the accused’s account without the accused’s knowledge, among others.
Proceedings will resume around 2.30pm this afternoon after the lunch break, with Harvinderjit expected to resume submission.
When met after proceedings, the lawyer summarised the defence’s submission that the prosecution has failed to prove the ingredients of the seven charges of abuse of position, CBT, and money laundering against Najib.
He claimed that the prosecution’s case now has deviated from the ruling by Nazlan which ordered Najib to enter his defence to the seven charges.
Harvinderjit said the prosecution has deviated from the legal points in the prima facie ruling and even from that of their prosecution witnesses, such as that of the investigating officer of the case, MACC senior assistant commissioner (special operations division) Rosli Husain, among others.
It was reported that today is the first day for Najib’s defence team to make their oral submissions, following the defence closing its case on March 11.
Nazlan had previously set three days from today to June 3 to hear the oral submissions by both the defence and the prosecution.
On March 11, the defence closed its case after calling 19 witnesses during the defence stage of trial that ran for 33 days since Dec 3 last year.
The trial began on April 3 last year, with the prosecution calling 57 witnesses.
On Nov 11 last year, the court ordered Najib to enter his defence on seven charges linked to alleged misappropriation of RM42 million in SRC funds, namely three counts of CBT, three counts of money laundering, and one count of abuse of position in relation to the SRC monies.
In regard to the CBT charges, Najib, as a public servant and agent via being then prime minister and finance minister, and advisor emeritus of SRC International, was alleged to have misappropriated RM27 million and RM5 million respectively of RM4 billion belonging to SRC.
He was charged with committing the two offences at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan here, between Dec 24, 2014, and Dec 29, 2014.
On the third CBT count, Najib allegedly misappropriated another RM10 million out of RM4 billion belonging to SRC at the same place between Feb 10, 2015, and March 2, 2015.
The three CBT charges are framed under Section 409 of the Penal Code which provides an imprisonment for up to 20 years, with whipping, and a possibility for a fine upon conviction.
On the charge of abusing his position, Najib as then prime minister and finance minister, was alleged to have used his position to commit bribery involving RM42 million, through his participation or 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 charge, under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and punishable under Section 24 of the same act, provides an 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, upon conviction.
On the three money-laundering charges, Najib is alleged to have received RM27 million, RM5 million, and RM10 million, respectively, of proceeds from unlawful activities, into his two AmIslamic Bank Berhad accounts, bearing the numbers ending with 880 and 906.
The offences were allegedly committed at AmIslamic Bank Berhad, AmBank Group Building, No. 55, Jalan Raja Chulan here, between Dec 26, 2014, and Feb 10, 2015.
The charges were framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 and if convicted, the ex-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. - Mkini
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