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Wednesday, April 21, 2021

It Could Become A Case Study In The School For Ret_rd Lawyers

 OSTB : I have taken this from Free Malaysia Today here.


  • JoLo pumped money into Najib’s bank accounts 
  • Najib’s knowledge of money imputed from his own inactions July 2015
  • IPSB company’s account used to remit RM42m to Najib
  • Najib was informed personally of matter by IPSB managing director 
  • Najib elected to do absolutely nothing about it
  • former CEO of  YR1M also informed Najib of transfers from IPSB 
  • Again, unsurprisingly, Najib did not do anything about it
  • did not lodge police reports, no  enquiries with bank, no legal action

OSTB : Even I, who am not a lawyer, can see that the entire defense, right from the High Court, has been unbelievable and actually fool hardy. 'I dont know' was offered as a defence. 

Prosecutor Dato Sithambaram is continuing to rip up and completely shred the "cock and bull"  defence.

The phrase cock and bull means a bullshit story. It is believed to have been derived from the French 'du coq à l'âne' which means 'from rooster to jackass'. The British worked the bull into it. Anyway here is the news :

  • PUTRAJAYA: Najib defence bizarre, an “own goal”
  • Najib's defence cock and bull story Sithambaram told bench 
  • defence so convoluted they “scored an own goal” 
  • Najib had come up with ridiculous stories
  • no credibility to his defence
  • Najib's defence is nothing but cock and bull story, he said
  • no logic in Najib’s story,  RM42m not from Saudi royalty
  • parts of defence were an afterthought
Najib claimed not aware of transactions 
absurd claim that JoLo “fixed” him
  • evidence revealed Najib and Jho Low best of friends 
  • Najib admitted JoLo tasked to ensure sufficient funds available 
  • evidence shown JoLo intensely involved in ensuring funds 
  • JoLo ensured funds available to issue cheques. How can this be trick?
  • Najib knew JoLo putting money into his accounts
  • Whatever JoLo did was with full knowledge of Najib 
  • JoLo did not deceive Najib 
  • absurd to contend JoLo put funds to trick him 

Najib misled court by claiming money was Arab donation
funds from JoLo who was bankrolling Najib
Blaming JoLo for ensuring adequate funds simply outrageous

  • JoLo pumped money into Najib’s bank accounts 
  • Najib’s knowledge of money imputed from his own inactions July 2015
  • IPSB company’s account used to remit RM42m to Najib
  • Najib was informed personally of matter by IPSB managing director 
  • Najib elected to do absolutely nothing about it
  • former CEO of  YR1M also informed Najib of transfers from IPSB 
  • Again, unsurprisingly, Najib did not do anything about it
  • did not lodge police reports, no  enquiries with bank, no legal action
  • Najib’s conduct inconsistent with his feigned innocence 

    My Comments :

    This case will go down in legal history as having heard among the most stupid defence arguments ever presented in a Court of Law. Really unbelievable.

    Folks, a few moons ago I did write in this Blog that Dato Seri Najib passed a message to me that he wanted to see me. I declined the invitation. But I also did say that if I had met Dato Seri Najib I would have advised him to plead guilty. 

    I know he reads my Blog. So I want to advise him again. I am not a lawyer but I know that you can change your plea at anytime. Even after you have been found guilty. Its never too late. Just change your plea to guilty. But cut a deal.

    Step 1. Plead guilty to the SRC charges. SRC only ah - listen carefully. 

    Step 2. Very importantly agree to return ALL the money that you took illegally (over ALL the other charges as well).  It is taxpayers money lah woi.  How can you take tax payer's money?  Return ALL the money. Including any of that extra few kilos of gold, any extra diamond rings, any extra millions of money which you may have stashed somewhere that has escaped detection so far. Just declare everything you took illegally and just return it all. Apa susah sangat?

    But negotiate with the AGC to drop all other charges. Quid pro quo lah. You plead guilty to SRC, you return ALL the money across ALL the other charges. In return ALL the other 30, 40 or 50 charges against you must be dropped. 

    Dato Seri, your family is wealthy enough. Your grandpa Noah was a shareholder in Genting Bhd. I believe he set up the Noah Family Trust which was already worth a few billion Ringgit since a long time ago. (An old banking colleague of mine once told me so.)  Maybe fortunes may change but your family is not poor. Plus you have all that land in Pahang.  You really did not need to take any more money.

    I am quite certain IT WAS NOT greed that has landed you in this soup. It was simple tempation.  The temptation that yes you could do it and that yes you could get away with it. Plus of course  some syaitan whispered in your ears. 

    Dato Sri you have shown that you are just not very clever. This was just a very bad mistake. Nothing more. Just own up to it, make amends, salvage your life and move on.

    Step 3 :  This is the most important part. Divulge ALL the names of all the people involved, names of places, times, dates, events, exactly what happened, the where, when, who, why and the how.  Complete and full disclosure.  Point fingers and name the names. Or as Captain Jack Sparrow would say it 'point all the names and name all the fingers'. Full disclosure. Because this scandal was not a one man or two man show. There are other key players involved who must be exposed and also brought to justice. And they too must return all the taxpayer's money that they have stolen. So spill the beans completely.

    Step 4 : In exchange for all that above, negotiate for a reduced jail term for the SRC sentence. (But that RM210 million fine you must pay, plus return ALL other monies). So instead of 12 years negotiate for say six years.  They automatically deduct 1/3 of any jail term. Then there is also good behaviour which can reduce your jail term further. In such event you may only serve FOUR years or less.

    And ask for ALL the other 30, 40 or 50 charges against you to be dropped. End of story.

    I know the people will certainly NOT AGREE with me here. Many people want your head. People will say why the special treatment? It is unfair to other criminals. 

    But the difference is you were the bloody Prime Minister. What you have done has caused so much chaos, anger, bitterness and foolishness in the country. The whole country is in tension and foolish people are becoming even more foolish. You have caused so much useless and negative vibes to invade the whole country since 2015 or earlier. And it is not abating anytime soon. 

    Then you are also using your money to create a circus in the Courts. Together with your political games, it is becoming a clown act. The Prosecutor has rightly called your defence a cock and bull story.   You are showing quite some disregard for the seriousness of the Courts. This has to stop.

    So do the right thing.

    Allah swt says 'those who repent their wrongs and do not repeat their wrongs'.

    You admit your wrongs now, apologise to the people, cooperate fully with the Law to return all the moneys that you took and fully divulge all the tiniest details of everything that you know. You will salvage your name (to some extent). You will salvage your party's name. You will help return the country back to normal. History will remember your repentance. 

    Step 5 : You agree to disappear from the public sphere permanently. Quit from the party permanently. Quit politics. Everyone knows that you and your honchos are spending money to promote your cause. For what? Just stop all that crap. Just fade away quietly and live happily ever after.

    What is the alternative? If the conviction sticks, then it is 12 years. The way things are looking, you are quite the goner. Even with the 1/3 off, that is at least EIGHT years. Do you honestly think you can survive that amount of time in the slammer?

    Then there are so many other charges. That High Court Judge has actually been kind. He has made the 72 year sentence concurrent. So you serve 12 years. What if  any of the other charges also stick and there is another jail term that is 'non-concurrent'?  That can take it beyond 12 years. You are 68 years old now. As things are now, you can possibly go to your grave from the slammer. I believe you still have some leeway.  But the doors and windows can shut quite permanently. Do the right thing.  

    The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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