PUTRAJAYA: The prosecution was selective in its decision to charge former prime minister Datuk Seri Najib Razak with criminal breach of trust (CBT) involving RM42mil from SRC International Sdn Bhd funds even though three others were wanted for the same offence, the Court of Appeal heard.
Defence lawyer Harvinderjit Singh said the Malaysian Anti-Corruption Commission (MACC) had asked Interpol to issue red notices for former director Datuk Suboh Md Yassin, former CEO Nik Faisal Ariff Kamil and one Mohamed Redzuan Adamshah.
The men had left the country after a change of government in 2018 where Pakatan Harapan came into power but Suboh returned to testify in the trial against Najib.
Harvinderjit said red notices were issued against the three men for CBT totalling RM50mil.
“Having taken that position, the prosecution suddenly decided to charge Najib,” Harvinderjit said in his submission on the fourth day hearing of Najib's appeal against his conviction and sentence in the SRC International case here on Thursday (April 8).
However, Justice Abdul Karim Abdul Jalil, who is chairing the panel, told the lawyer that the public prosecutor has the discretion on who should be charged.
On July 28, 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.
Other judges on the bench are Justices Has Zanah Mehat and Vazeer Alam Mydin Meera.
The appeal hearing continues in the afternoon.