‘Gap in prosecution’s case’

PUTRAJAYA: The prosecution in Datuk Seri Najib Razak’s corruption trial involving RM42mil from SRC International Sdn Bhd failed to establish the former prime minister’s dominion over the stolen funds, the Court of Appeal heard.

Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah submitted there was a material gap in the prosecution’s case on whether the RM42mil in funds actually belonged to SRC International, a subsidiary of troubled sovereign wealth fund 1Malaysia Develop-ment Bhd (1MDB).

The source of the RM42mil – which was transacted out of SRC International on Dec 24,2014, as well as on Feb 2 and Feb 6,2015 – was also not proven by the prosecution, Muhammad Shafee added.

“The prosecution has not shown who caused SRC International’s money to go out.

“That is the most critical point. Who took it out of SRC? Who moved it out?

“But the same money somehow got diverted and went into Najib’s bank account. Is this criminal breach of trust (CBT)?” the lawyer said.

Muhammad Shafee was making his submissions at the appeal filed by Najib against his conviction and sentence in the SRC International case here on Tuesday.

In his written submission, he said it was the prosecution’s case that the RM42mil was transacted out of SRC International by way of instruction letters that were signed by two signatories, former company CEO Nik Faisal Ariff Kamil and former director Datuk Suboh Md Yassin.

Nik Faisal, who is still at large, is said to be the mandate holder for Najib’s bank accounts.

However, Muhammad Shafee said the prosecution itself had suggested that Nik Faisal’s signature on the instruction letters could have been forged through a “cut and paste” job.

Meanwhile, the prosecution’s star witness, Suboh, had given conflicting statements to the Malaysian Anti-Corruption Commission where he flip-flopped on the issue of whether he signed any transaction letter, argued Muhammad Shafee.

He said as such, the prosecution could not show that his client had dominion over the said monies, causing a “total collapse” of the prosecution’s case against the Pekan MP.

On July 28 last year, the Kuala Lumpur High Court sentenced Najib to 10 years’ jail on each of the three counts of CBT as well as each of the three counts of money laundering.

Najib, 68, is currently out on bail of RM2mil in two sureties pending appeal.

The appeal hearing continues before the Court of Appeal panel today.

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 46
Cxense type: free
User access status: 3

Next In Nation

Home Minister: Govt to issue order on use of the word 'Allah'
Johor Maqis seizes 26 tonnes of maggot-infested cocoa beans
We are open to FTAs as long as it is a fair deal to us, PM tells industry players
Four police reports lodged over fake online banking site created by fraudsters
Carjacker detained by public in viral video
Three Bangladeshis nabbed for forging passports in Ampang
King congratulates Malaysian students accepted to study at Harvard College
Govt has no intention of imposing another nationwide MCO, says Muhyiddin
No sinister motive for Emergency, PM assures industry players at closed door meeting
Employer who assaulted bodyguards for fasting has underworld links, RM28.55mil worth of gold bars, cash seized

Stories You'll Enjoy