Najib planned to divert RM42 million from pensioners fund, says prosecution
However, lawyer Harvinderjit Singh says the prosecution has not made out a prima facie case for abuse of power and criminal breach of trust.
KUALA LUMPUR: The prosecution in Najib Razak’s corruption and abuse of power trial told the High Court here today that the siphoning of RM42 million in public funds from SRC International was done with the direction and knowledge of the former prime minister.
“The criminal breach of trust was well planned and pre-meditated over a few years by the accused, who held the highest public office in the country,” ad hoc prosecutor V Sithambaram said in his submission at the close of the prosecution’s case.
He added that the defence had tacitly admitted that Najib had taken money when it said that “the RM42 million from the RM4 billion pensioners fund was pittance”.
“It was well said,” he added.
Sithambaram said there was no doubt that Najib, as a public servant, had committed the offence as he was entrusted with the money only to use it for personal gain.
He said evidence indicated a layered process, with money deposited into Najib’s private bank accounts and then withdrawn, among others through the issuance of cheques.
Sithambaram, a lawyer who was given special licence to prosecute the case, also panned the defence’s position that the RM42 million was a donation from the Arabs.
“The Arab money was all utilised, with only a balance of RM763 in one of his accounts as of Sept 9, 2014,” he said.
He said this was shown through the evidence of witnesses R Uma Devi, the manager of the AmBank Jalan Raja Chulan branch, and Joanna Yu Ging Ping, a former relationship manager at the same bank.
He said another witness, lawyer Ranjit Singh, had testified that Najib admitted in a defamation suit that RM42 million from SRC International went into his personal bank accounts.
Ranjit, who represented former transport minister Dr Ling Liong Sik in that suit, said Najib had made the admission in an affidavit in response to the defence advanced by his client.
Sithambaram said the defence also insisted that fugitive financier Low Taek Jho, then-SRC International CEO Nik Faisal Ariff Kamil and others had manipulated Najib’s AmBank accounts without his knowledge.
“However, Yu told the court that all cheques to withdraw money must carry Najib’s signature,” he said.
He added that there had been no complaint to the bank of wrongful deposit or withdrawal of funds from Najib’s accounts.
“The accused had clear knowledge of all the transactions, and he was quiet about it. However, it became an issue after he was charged,” he said.
Sithambaram also noted that the RM42 million had originated from SRC International and went through Gandingan Menari Sdn Bhd and Ihsan Perdana Sdn Bhd before ending up in Najib’s accounts.
“Najib only appeared shocked when told by Ihsan Perdana managing director Shamsul Anwar Sulaiman that someone had transferred money into his private accounts,” he said.
As prime minister, he added, Najib should have lodged a police report after learning that a large amount of money was channelled into his accounts.
“He also did not file any civil action against the bank for loss of reputation for abusing his bank accounts,” he said.
Sithambaram also said Najib’s act of spending the money via his credit card on purchases overseas clearly revealed his knowledge of the crime.
He said Najib should enter his defence as the prosecution had proven its case on the maximum evaluation of evidence presented, through direct, circumstantial and documentary proof.
Lawyer Harvinderjit Singh earlier submitted that the prosecution had not made out a prima facie case for abuse of power and criminal breach of trust (CBT).
“The money laundering charges fall automatically when the principal charges are not proven,” he said.
Attorney-General Tommy Thomas will continue the prosecution’s submission before judge Mohd Nazlan Mohd Ghazali.
Najib, 66, is facing three counts of CBT, one charge of abusing his position and three counts of money laundering over SRC International funds amounting to RM42 million.
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The Pekan MP was charged with committing the offences at AmIslamic Bank Bhd on Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between Aug 17, 2011, and Feb 10, 2015.