KUALA LUMPUR: The defence in the SRC International trial involving Datuk Seri Najib Razak (pic) submitted to the High Court that the former prime minister should be acquitted of the seven charges he is facing in relation to the misappropriation of SRC International's RM42mil.
Lawyer Harvinderjit Singh, who is representing the Pekan MP, argued that the prosecution had failed to prove a prima facie case against his client.
"The defence ultimately submits that no prima facie case has been made out on all the charges and an order of acquittal as provided for in Section 180(2) of the Criminal Procedure Code ought to be recorded," he said here during submissions on Tuesday (Oct 22).
Harvinderjit further submitted that the bulk of evidence relating to Najib's involvement in the events between 2010 and 2012 – leading up to and including the government's decision to grant the government guarantees to SRC International and Retirement Fund Incorporated (KWAP) providing SRC International with loans amounting to RM4bil – did not establish the existence of a corrupt arrangement which Najib could be said to be a party to.
"The bulk of evidence in fact leads to reasonable inferences that the transactions involving the RM42mil were carried out without Najib's knowledge and involvement and the impetus and purpose was unconnected to any act by Najib," Harvinderjit added.
The lawyer said the evidence led to a reasonable inference that the transactions involving RM42mil were actually done at the behest of others for their own ulterior purpose and benefit.
"The conclusion there is that the RM42mil cannot be said to amount to 'gratification' as consideration for a use of office of position by Najib," he said.
Najib is facing seven charges, 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.
Justice Mohd Nazlan Mohd Ghazali presided over the trial which spanned over 57 days, with 57 witnesses called to testify.