Prosecution failed to prove case, Najib entitled to acquittal, says lawyer
Harvinderjit Singh says evidence does not show connection between government guarantees and RM42 million transferred into private bank accounts.
KUALA LUMPUR: The prosecution has failed to prove its case of abuse of power against Najib Razak as his involvement in granting government guarantees to SRC International to obtain a RM4 billion loan from a pensioner’s fund did not constitute corrupt practice, the High Court heard today.
Lawyer Harvinderjit Singh said the bulk of the evidence did not show any nexus between the former prime minister’s participation to provide the guarantees and the RM42 million that was transferred into his private bank accounts in 2014 and 2015.
“In fact, the evidence leads to reasonable inferences that the transaction involving the RM42 million was carried out without Najib’s knowledge and involvement,” he said in his submission at the close of the prosecution’s case.
Harvinderjit said the RM42 million transaction was done at the behest of others for their own ulterior purpose and benefit.
“The money cannot be said to amount to gratification as consideration for the use of Najib’s office,” he said.
He said there was no conflict of interest by Najib, who was then prime minister and finance minister, because all decisions were taken in relation with SRC, which came under Finance Ministry Incorporated.
Harvinderjit said the presumption that his client received corrupt money under Section 50 of the Malaysian Anti-Corruption Commission Act had no application as gratification in the context of corrupt arrangement had not been met.
He said criminal breach of trust was also not proven as Najib was not an agent of SRC.
“Najib did not play a role in the operational affairs of SRC as finance minister. The acts of MKD (Finance Ministry Incorporated) as a corporation are separate and distinct from the finance minister,” he said.
He said evidence also did not establish that Najib in his capacity as prime minister, finance minister and adviser emeritus of SRC was entrusted with dominion over the company’s funds.
“In any event, the evidence did not establish any specific entrustment or dominion over the RM42 million,” he said.
Harvinderjit said the money laundering charges against Najib collapsed as the prosecution failed to prove the predicate offences of abuse of power and misappropriation of funds.
“Since unlawful activities of power abuse and CBT could not be proved, the money laundering charges could no longer sustain,” he said.
The lawyer said Najib was entitled to an acquittal without his defence called.
He said the maximum evaluation of evidence in the prosecution’s case did not establish irresistible inference that Najib committed the offences.
Najib, 66, is charged with three counts of criminal breach of trust (CBT), one count of abusing his position and three counts of money laundering over SRC International funds amounting to RM42 million.
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The hearing before judge Mohd Nazlan Mohd Ghazali continues.