PUTRAJAYA: Former prime minister Datuk Seri Najib Razak only became a suspect in the 1Malaysia Development Bhd (1MDB) scandal at the tail end of the investigation, says a retired policeman.
Former investigating officer Senior Asst Comm R. Rajagopal testified in the High Court here on Thursday (March 27) that Najib was initially supposed to be a witness but became a suspect as the 1MDB investigation intensified towards its end.
"When I took over the investigation, the focus was on whether there was an offence – and if there was – who committed it?
"Towards the end, the suspect was Najib as there was an in-flow of monies that went into his bank account," Rajagopal said under cross-examination by Deputy Public Prosecutor Ahmad Akram Gharib at the RM2.28bil 1MDB graft trial involving Najib.
A tense exchange also took place as the witness was also grilled by Ahmad Akram.
Ahmad Akram: You've been in the service for 41 years but you have never done an investigation under the Malaysian Anti-Corruption Commission (MACC) Act.
Rajagopal: Yes, we never do (investigation under the MACC Act) but at the end of the investigation, we could make a recommendation (to be charged under the MACC Act).
DPP Ahmad Akram: Would you agree with me that you are not familiar with offences under the MACC Act?
Rajagopal: I disagree.
DPP Ahmad Akram: Are you familiar with Section 16 of the MACC Act?
Rajagopal: The details of it I may not know, but if you show me, I would know.
The DPP and the witness went back and forth with the law provisions under the MACC Act to a point that the witness was heard raising his voice during his answers.
DPP Ahmad Akram: Do you know the elements that need to be proven under Section 23 (of the MACC Act)?
Rajagopal: No.
DPP Ahmad Akram: You didn't do an investigation under Section 23?
Rajagopal: I already told you, that the police do not do investigations under the MACC Act.
According to Rajagopal, his investigation was based on a police report lodged by former Batu Kawan Umno division deputy chief Datuk Seri Khairuddin Abu Hassan on Dec 12, 2014.
Najib, 71, is on trial for 25 charges in total – four for abuse of power that allegedly brought him the financial benefit to the tune of RM2.28bil; and 21 for money laundering involving the same amount of money.
The four counts of power abuse were framed under Section 23(1) of the MACC 2009 which provides for imprisonment of up to 20 years and a fine of up to five times the amount or gratification, or RM10,000, whichever is higher, upon conviction.
For the 21 charges of money laundering, Najib is charged under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001, which carries a maximum fine of RM5mil and imprisonment for up to five years, or both, upon conviction.
On Oct 30, last year, Najib was ordered by the High Court to enter his defence on four counts of using his position to obtain RM2.28bil gratification from 1MDB's funds and 21 counts of money laundering involving the same amount.
The hearing continues before Justice Collin Lawrence Sequerah on April 7.
