RM42m is theft by unknown persons, Najib has no knowledge - defence

NAJIB TRIAL | The outflow of RM42 million out of SRC International was part of theft by unknown persons to which Najib Abdul Razak has no knowledge of, the former prime minister’s defence contended today.

During oral submissions in relation to Najib’s RM42 million SRC International case at the Kuala Lumpur High Court this afternoon, defence counsel Harvinderjit Singh submitted that this was among inferences that could be made based on available evidence adduced over the course of the trial.

The lawyer argued that this could be gleaned from the involvement of numerous individuals and entities in the outflow of RM42 million from the account of SRC International.

During the course of the prosecution stage of the trial, the prosecution contended that the RM42 million flowed into Najib’s accounts between late 2014 and early 2015.

Harvinderjit submitted before judge Mohd Nazlan Mohd Ghazali this afternoon that the inference of theft goes against the core of the three criminal breach of trust (CBT) charges against the former premier.

Najib is on trial over one count of abuse of power, three counts of CBT, and three counts of money laundering linked to the RM42 million.

Over the course of the defence stage of the trial, the court heard arguments that Najib was unaware of acts by multiple individuals such as businessperson Jho Low in transferring out the money from SRC International.

“We say it is not CBT but theft by unknown persons to cause RM42 million to go out (of SRC International),” Harvinderjit (below) said, emphasising that Najib was never aware of this.

Oral submission before Nazlan will resume tomorrow morning.

Today is the second 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 June 1 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.

Mohd Nazlan Mohd Ghazali

The three CBT charges are laid out under Section 409 of the Penal Code which provides maximum imprisonment of 20 years, with 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, of proceeds from unlawful activities, into his two AmIslamic Bank accounts, bearing the numbers ending 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 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. - Mkini