Authenticity of 'Arab donation' not relevant, key is Najib's belief - defence
NAJIB SRC TRIAL | Najib Abdul Razak's defence team today argued in his RM42 million SRC International Sdn Bhd graft case that it was irrelevant whether the money the former prime minister received was a genuine Arab donation.
Defence lawyer Harvinderjit Singh said what mattered is that Najib believed it to be true...
NAJIB SRC TRIAL | Najib Abdul Razak's defence team today argued in his RM42 million SRC International Sdn Bhd graft case that it was irrelevant whether the money the former prime minister received was a genuine Arab donation.
Defence lawyer Harvinderjit Singh said what mattered is that Najib believed it to be true.
"It is the existence of reasonable belief. They (prosecution) try to argue the Arab donation is not real at all. That is irrelevant," he told the Kuala Lumpur High Court.
Submitting for the defence, Harvinderjit said the defence does not need to prove whether letters purportedly from the Saudi royal family confirming the donation was authentic.
"I don't need to prove the letters are authentic per se. The letters existed at that material time, was given to banks... The existence is not disputed.
"My case does not lie on authenticity but on its existence," he contended.
Najib had claimed that billions of ringgit he received when he was prime minister and finance minister in his bank accounts were donations from the Saudi Arabia royal family.
However, the prosecution argued that the money originated from government-linked companies including RM42 million traced back to SRC International Sdn Bhd, a former subsidiary of state fund 1MDB and later a Finance Minister Incorporated entity.
Najib is facing a separate trial involving a sum of RM2.28 billion allegedly traced back to 1MDB and its associate companies.
Harvinderjit noted that the prosecution had argued that statements by purported royalty confirming the donation were not real but questioned why investigators did not pursue the matter.
The lawyer further added that the accused's belief was strengthened by the millions of US dollars of Arab donation that flowed into his accounts in a series of transactions between 2011 and 2014.
Today is the third day for Najib’s defence team to make their oral submissions, following the defence closing its case on March 11.
Justice Mohd Nazlan Mohd Ghazali had previously set three days from June 1 to today to hear the oral submissions by both the defence and the prosecution.
On March 11, the defence closed its case after calling 19 witnesses during the defence stage of trial that ran for 33 days since Dec 3 last year.
The trial began on April 3 last year, with the prosecution calling 57 witnesses.
On Nov 11 last year, the court ordered Najib to enter his defence on seven charges linked to alleged misappropriation of RM42 million in SRC funds, namely three counts of CBT, three counts of money laundering, and one count of abuse of position in relation to the SRC monies.
In regard to the CBT charges, Najib, as a public servant and agent via being then prime minister and finance minister, and advisor emeritus of SRC International, was alleged to have misappropriated RM27 million and RM5 million respectively of RM4 billion belonging to SRC.
He was charged with committing the two offences at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan here, between Dec 24, 2014, and Dec 29, 2014.
On the third CBT count, Najib allegedly misappropriated another RM10 million out of RM4 billion belonging to SRC at the same place between Feb 10, 2015, and March 2, 2015.
The three CBT charges are laid out under Section 409 of the Penal Code which provides maximum imprisonment of 20 years, with whipping, and a possible fine on conviction.
On the charge of abusing his position, Najib, as then prime minister and finance minister, was accused of having used his position to commit bribery involving RM42 million, via his involvement in the decision to provide government guarantees for loans from Retirement Fund Incorporated (KWAP) to SRC International amounting to RM4 billion.
He was alleged to have committed the offence at the Prime Minister's Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011, and Feb 8, 2012.
The abuse of power charge is laid under Section 23 of the Malaysian Anti-Corruption Commission Act 2009, and Section 24 of the Act provides for 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, on conviction.
Regarding the three money-laundering charges, Najib is accused of having received RM27 million, RM5 million, and RM10 million respectively, of proceeds from unlawful activities, into his two AmIslamic Bank accounts, bearing the numbers ending 880 and 906.
The offences were allegedly committed at AmIslamic Bank Berhad, AmBank Group Building, No. 55, Jalan Raja Chulan here, between Dec 26, 2014, and Feb 10, 2015.
The money laundering charges are framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001, and the former premier faces up to 15 years imprisonment 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, on conviction.
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