Najib Abdul Razak’s macai (minion) Low Taek Jho and two others helped arrange the transfer of millions of SRC International’s funds into the ex-premier’s bank accounts, the Court of Appeal heard.
Deputy public prosecutor V Sithambaram submitted this today in relation to why Low (above) and the other two were not jointly charged with the former prime minister over the RM42 million SRC corruption case.
The DPP was submitting during the hearing of Najib’s appeal to quash his conviction and sentencing over seven charges of abuse of power, criminal breach of trust (CBT) and money laundering in relation to RM42 million of funds from SRC.
Sithambaram was replying to a query from Court of Appeal bench chairperson Abdul Karim Abdul Jalil on why the trio - Low, Najib’s late principal private secretary Azlin Alias and former SRC CEO Nik Faisal Ariff Kamil - were not jointly charged with Najib over the criminal case.
During proceedings, Karim had raised the issue of possible complicity between the trio and Najib.
Sithambaram submitted that only Najib was charged because there was no “common intention” between the former premier and the trio.
The DPP likened the trio more to macai (minions) of Najib, who followed the directions of the former prime minister, who is alleged to have “overarching” control over SRC.
Besides being former prime minister, Najib was also finance minister and SRC’s adviser emeritus. SRC is fully owned by the Minister of Finance Incorporated (MOF Inc).
“Our (prosecution) case is that the accused (Najib) got them to do it (arrange transfer of SRC funds into Najib’s accounts),” Sithambaram submitted before the three-person Court of Appeal bench today.
“We only say that you (Najib) abused the position and as (sole) shareholder (of MOF Inc), you descended as shadow director (of SRC), and with that position, got the macai to do it,” the DPP contended.
The prosecutor also added that red notices have been issued much earlier by Interpol to track down Low and Nik Faisal to assist in the investigation into the case. So far, both men remain at large.
Sithambaram’s submission is also in counter against the defence team’s contention that Najib was “tricked” by Low when RM42 million was deposited in the former premier’s bank accounts.
The DPP said it is absurd that Low funnelled money into the former premier’s accounts in order to “trick” him (Najib).
“The respondent submits that it is absurd of the appellant (Najib) to contend that the actions of Jho Low putting in funds into the personal bank accounts of the sitting prime minister of the country, was to trick the prime minister into believing that he had funds which he did not.
“Blaming Jho Low for ensuring that the appellant had adequate funds in his personal account is simply outrageous,” Sithambaram told the Court of Appeal.
During the SRC criminal trial at the High Court, Najib had testified that Low, Nik Faisal and Azlin were tasked with managing his accounts.
Najib’s legal team asserted that the former prime minister had no knowledge of the RM42 million of SRC funds deposited in his accounts.
Hearing before the Court of Appeal continues this afternoon and tomorrow.
The other two members of the bench are Court of Appeal judges Vazeer Alam Mydin Meera and Has Zanah Mehat.
On July 28 last year, the Kuala Lumpur High Court convicted Najib on one count of abuse of power, three counts of CBT and three counts of money laundering in the RM42 million SRC trial.
Trial judge Mohd Nazlan Mohd Ghazali then sentenced Najib to 12 years in jail and a fine of RM210 million.
The lower court allowed the defence team’s application for a stay of the sentence pending the disposal of his appeal.
Prior to being fully-owned by MoF Inc, SRC was once a subsidiary of troubled sovereign wealth fund 1MDB.
Besides being former prime minister, finance minister and SRC’s adviser emeritus, Najib also used to be chairperson of 1MDB’s board of advisers. - Mkini
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