Court of Appeal set to deliver verdict in Najib's SRC appeal


Deputy public prosecutor Datuk V.Sithambaram, who leads the prosecution team, arriving at the Palace of Justice in Putrajaya at 9.43am. - Photo: RAJA FAISAL HISHAN / The Star

PUTRAJAYA: The Court of Appeal will deliver its verdict on Datuk Seri Najib Tun Razak's appeal over his 12 years’ jail sentence and a fine of RM210 million for misappropriating RM42 million in SRC International Sdn Bhd funds.

The decision is scheduled to be delivered online at 9am Wednesday (Dec 8), due to the fact that the former prime minister and his defence counsels were casual contacts to Tan Sri Muhammad Shafee Abdullah’s son, Muhammad Farhan, who tested positive for Covid-19.

The prosecution team, led by deputy public prosecutor Datuk V.Sithambaram, arrived at the Palace of Justice in Putrajaya at 8.43am, and would be present in open court proceedings.

Najib, 68, filed an appeal against the Kuala Lumpur High Court’s decision on July 28 last year, which sentenced him to 10 years jail on each of three criminal breach of trust (CBT) cases and each of the three cases of money laundering and 12 years jail and fined RM210mil, in default five years jail, in the case of abuse of position, involving SRC International funds totalling RM42mil.

However, Najib will only serve 12 years in jail as High Court Judge Mohd Nazlan Mohd Ghazali ordered all the jail sentences to run concurrently.

The court allowed the Pekan MP’s application for a stay of execution of the jail sentence and fine pending his appeal.

With regard to the CBT charges, Najib, as a public servant and agent, namely Prime Minister and Finance Minister of Malaysia, and Advisor Emeritus of SRC International Sdn Bhd (SRC), allegedly misappropriated RM27mil and RM5mil, respectively, of RM4bil belonging to SRC.

He was charged with committing the two offences at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan in Kuala Lumpur between Dec 24, 2014, and Dec 29, 2014.

On the third count, Najib allegedly misappropriated another RM10mil of RM4bil belonging to SRC at the same place between Feb 10, 2015, and March 2, 2015.

The three charges are framed under Section 409 of the Penal Code, which provides for imprisonment of up to 20 years, with whipping and liable to a fine upon conviction.

On the charge of abusing his position, Najib as prime minister and finance minister of Malaysia, was alleged to have used his position to commit bribery involving RM42mil through his participation or involvement in the decision to provide government guarantees for loans from the Retirement Fund Incorporated to SRC International amounting to RM4bil.

He was alleged to have committed the offence at the Prime Minister's Office, Precinct 1, Putrajaya, between Aug 17, 2011, and Feb 8, 2012.

The charge, under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and punishable under Section 24 of the same Act, provides an imprisonment for up to 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, upon conviction.

On the three money-laundering charges, Najib was alleged to have received RM27mil, RM5mil and RM10mil, respectively, of proceeds from unlawful activities, via Real-Time Electronic Transfer of Funds and Securities (Rentas) into his two AmIslamic Bank Berhad accounts.

The offences were allegedly committed at AmIslamic Bank Berhad, AmBank Group Building, between Dec 26, 2014, and Feb 10, 2015.

The charges were framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 which carries a maximum jail of 15 years and a fine of up to five times the sum or value of the illicit proceeds or RM5 million, whichever is higher, on each count, if convicted. - Bernama

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