DPP: Zeti’s family bank transactions were before SRC formation

The prosecution has contended that the banking information of the family of former Bank Negara Malaysia (BNM) governor Zeti Akhtar Aziz is irrelevant to Najib Abdul Razak’s RM42 million SRC International corruption case.

During proceedings before the Federal Court today, deputy public prosecutor V Sithambaram submitted that this is because the banking transactions of Zeti’s family dated back to 2008.

The prosecutor pointed out that this contradicted the contention that the former prime minister received RM42 million of SRC funds into his bank account between late 2014 and early 2015.

The five-person apex bench chaired by Chief Justice Tengku Maimun Tuan Mat was hearing Najib’s appeal to adduce fresh evidence in his appeal to set aside his conviction and sentencing in the RM42 million SRC case today.

Among the fresh evidence sought was banking information on Zeti’s husband Tawfiq Ayman dating back to 2008.

SRC did not exist yet

Sithambaram also submitted that the prosecution’s case has never relied on this banking information that predated SRC’s existence.

Malaysian sovereign wealth fund 1MDB established SRC as a subsidiary in 2011. A year later, SRC became wholly owned by the Minister of Finance Incorporated (MoF Inc).

Deputy public prosecutor V Sithambaram

“The money (subject of the banking information sought by Najib) went into Tawfiq’s account between 2008 and 2009. But the (SRC) money came into (Najib’s) account in 2014.

“SRC did not even exist when the money went into Tawfiq’s account, and they (Najib’s lawyers) wanted to rely on this,” Sithambaram said.

Najib is appealing against the Court of Appeal decision on July 7 last year which denied his application to adduce the fresh evidence. A day later, the same court upheld his guilty verdict as well as a 12-year jail term and RM210 million fine in the SRC corruption case.

In relation to Najib’s defence team’s contention that the Court of Appeal had not given him a fair hearing over the fresh evidence bid, Sithambaram countered that the Appeal Court did not practice any ‘double treatment’ (double standard).

Last-minute filing

The DPP also pointed out that Najib’s lawyers filed the fresh evidence application on Dec 1 last year, and they continued to file replies to the prosecution’s written submissions as late as Dec 6 (the Court of Appeal heard the fresh evidence bid on Dec 7).

Sithambaram remarked that despite Shafee’s contention that Najib’s legal team were under quarantine due to one of them coming down with Covid-19, the filings continued right up to the eve of the hearing.

On Dec 7, the Court of Appeal denied an application by Najib’s legal team to postpone the hearing of the additional evidence bid due to the Covid-19 reason.

The court then conducted the hearing via hybrid-mode where the judges and DPPs conducted it from the Palace of Justice, while Najib and his lawyers attended via Zoom from separate locations.

“By filing at the last minute, what do they (Najib’s lawyers) expect? Cannot expect to postpone. If the hearing was to go on, they must already be ready to submit,” Sithambaram submitted.

Proceedings before the Federal Court resumes tomorrow.

Besides Maimun, the other members of today’s apex court panel were Court of Appeal president Rohana Yusuf, Chief Judge of Malaya Azahar Mohamed, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, and Federal Court judge Mohd Zawawi Salleh.

On July 28, 2020, the Kuala Lumpur High Court found Najib guilty on one charge of abuse of position as the then premier, three counts of criminal breach of trust, and three counts of money laundering involving RM42 million of funds from SRC.

Trial judge Mohd Nazlan Mohd Ghazali then imposed the 12-year jail term and RM210 million fine. However, he allowed the defendant's application to stay the sentences pending disposal of Najib's appeal. - Mkini