SRC trial: High Court sets Nov 11 to deliver decision on Najib (updated)

KUALA LUMPUR: The High Court will deliver its decision on whether Datuk Seri Najib Razak needs to enter his defence for the SRC International Sdn Bhd case on Nov 11.

Justice Mohd Nazlan Mohd Ghazali set the date on Tuesday (Aug 27), after Attorney-General Tommy Thomas formally closed the prosecution's case against the former prime minister.

"If there is no prima facie, the accused (Najib) will be acquitted. But if prima facie is found on any of the charges, the defence will be called," said Mohd Nazlan.

Najib faces seven charges in total, of which three are for criminal breach of trust, one for abuse of power and three for money laundering involving SRC International funds totalling RM42mil.

Nazlan also said that the defence stage of the SRC International trial will begin on Dec 3, should Najib be called to enter his defence.

Thomas, in closing the prosecution's case, also said the prosecution team has 66 witnesses that the defence team could talk to.

Najib's counsel Tan Sri Muhammad Shafee Abdullah then asked whether all of the 66 witnesses were physically available, to which ad-hoc prosecutor Datuk V Sithambaram said that "most were contactable".

Earlier, Malaysian Anti-Corruption Commission (MACC) investigating officer Senior Assistant Commissioner Rosli Hussain said that the 2015 investigation papers into the SRC International case had recommended that several people be charged, including SRC International's chief executive officer Nik Faisal Ariff Kamil.

Rosli, who is the 57th witness for the trial, said this during cross-examination by Shafee.

The other personalities that the investigation papers recommended to be charged were former SRC International director Datuk Suboh Mohd Yassin, former Ihsan Perdana Sdn Bhd managing director, Datuk Dr Shamsul Anwar Sulaiman and finance director Datuk Abdul Aziz Ismail, Rosli confirmed.

Rosli also confirmed that there was a draft charge sheet made against Najib in 2015, before his statement was taken by MACC.

Shafee: At that time Najib's statement had not been taken?

Rosli: Yes.

Shafee: For someone to be charged, shouldn't his statement be taken?

Rosli: Yes.

Rosli, however, disagreed with Shafee that the intention was "malicious", as put forth by Shafee in his question.

Under reexamination by Deputy Public Prosecutor Datuk Suhaimi Ibrahim, Rosli confirmed that MACC did not ask for handwriting experts to evaluate the signatures of Nik Faisal and Suboh, as there had been no complaint then that their signatures were forged.

"During investigations, I did not receive complaints from any party with regard to allegations that the signatures were forged (then), so I did not refer the signatures to a handwriting expert,” said Rosli.

Najib, 66, was charged with committing the offences at the AmIslamic Bank Bhd in Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between Aug 17, 2011, and Feb 10, 2015.

He faces 20 years’ jail if convicted.