By Aathi Shankar
The prosecution has failed to prove that the RM42 million that former Prime Minister Datuk Seri Najib Razak had allegedly misappropriated belonged to SRC International Sdn Bhd.
In its submission today, Wednesday, October 23, 2019, Najib’s defence team argued that the prosecution evidence fell short in establishing the charges that the alleged RM42 million funds were from the government-link company (GLC).
“In any event, the evidence did not establish any specific entrustment or dominion over the RM42million by the prime minister, advisor emeritus or finance minister,” the defence team submitted at the Kuala Lumpur High Court.
The defence also argued that the board of directors, not Najib, was exclusively entrusted with dominion over the affairs and funds of SRC.
The evidence also established that the board did not act blindly in accordance with the instructions of Najib.
“At all material times, the board was completely aware of and did in fact act in accordance with their absolute decision making power,” submitted the defence team.
Najib is facing charged with 7 counts of corruption involving SRC International’s RM42 million.
The charges were 3 each for criminal breach of trust (CBT) under Section 409 of the Penal Code and money laundering under Section 4 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLA) Act 2001, and for abuse of power under Section 23 of the Malaysian Anti-Corruption Act (MACC) 2009.
The Pekan MP had allegedly committed the offences at AmIslamic Bank Bhd in Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between Aug 17, 2011, and Feb 10, 2015.
Then premier, Najib was also the advisor emeritus and finance minister at the material time when the alleged embezzlement of SRC funds took place.
For past two days, the prosecution and defence had made their oral submissions for the Najib-SRC Trial, which began on Wednesday, April 3 this year and concluded on Tuesday, August 27.
The 57-day trial saw 57 witnesses giving their testimonies before presiding Judge Mohd Nazlan Mohd Ghazali.
The prosecution was led by hired lawyer Datuk V. Sithambaram.
Lead counsel Tan Sri Muhammad Shafee Abdullah and lawyers, Harvinderjit Singh and Farhan Read made the oral submissions for the defence today.