KUALA LUMPUR: The High Court will deliver its decision in the case of former prime minister Datuk Seri Najib Razak, who is accused of misappropriating RM42mil in SRC International funds on Nov 11.
Justice Mohd Nazlan Mohd Ghazali thanked both the prosecution and the defence for their comprehensive oral presentations at the end of a two-day submission here on Wednesday (Oct 23).
Earlier, the court heard submissions from Najib's lead counsel Tan Sri Muhammad Shafee Abdullah, who said his client could not be said to have had dominion, as he did not have the power to dispose of any asset belonging to the company.
The lawyer was rebutting the prosecution’s argument that Najib was the “shadow director” of the 1Malaysia Development Bhd (1MDB) subsidiary.
On Tuesday (Oct 22), Attorney General Tan Sri Tommy Thomas submitted that Najib was SRC’s shadow director who benefited financially from its coffers.
Shafee said the prosecution had relied on Section 402A of the Penal Code, which mentioned the part of a "director", and this included a shadow director.
Section 402A was introduced into the Penal Code in 1993 through an amendment in the law.
“This amendment to incorporate shadow director is yet another attempt to make a person who is not a director, but liable as a director, ” he said here on Wednesday.
Shafee also submitted that Najib had neither dishonesty nor had dishonest intention and maintained that his client had no knowledge that the money came from illegal sources.
He urged the court to acquit Najib of all the charges.
“This is a case that Your Honour should not call for the defence purely to satisfy the curiosity of what he (Najib) is going to say.
"You don't call for the defence just to know what is he going to say," Shafee added.
Shafee’s submission wrapped up the two-day submission in the prosecution’s case.
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.
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