KUALA LUMPUR: An affidavit affirmed by Najib Razak in a civil case that he received RM42 million could not be relied on to convict him for corruption and criminal breach of trust, the High Court was told today.
“Najib’s affidavit in a civil suit against Dr Ling (Liong Sik) is not an admission of guilt,” defence counsel Harvinderjit Singh said in his submission at the close of the defence’s case in the former prime minister’s SRC International corruption trial.
The defence contends that Najib did not have the knowledge the money was credited into his two accounts at Ambank here between December 2014 and February 2015.
Further, the defence has taken the position that the money was part of a donation from an Arab royal family.
Harvinderjit said the defence’s position was that Najib only knew in 2016 that the RM42 million was from SRC International following revelations in the foreign media.
The defence is also saying that three people – fugitive financier Low Taek Jo or better known as Jho Low, Najib’s former principal private secretary Azlin Alias and former SRC CEO Nik Faisal Ariff Kamil – were responsible for depositing money into Najib’s bank accounts.
On July 29 last year, prosecution witness and lawyer Ranjit Singh told the court that Najib had affirmed the affidavit in his defamation suit against Ling, a former MCA president and transport minister.
Ranjit, who represented Ling in that suit, said Najib made the admission in an affidavit in response to the defence advanced by his client.
“He admitted in a sworn affidavit that the RM42 million was from SRC,” Ranjit had said when examined by ad hoc prosecutor V Sithambaram.
Ranjit said Najib, in his affidavit, had said that between Dec 24, 2014 and Feb 6, 2015, a total of RM42 million was transferred into his AmBank accounts through two intermediaries.
However, Najib also said he had no personal knowledge that the money was deposited into his accounts through Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd.
Najib, 66, is facing three counts of criminal breach of trust, one charge of abusing his position and three counts of money laundering over SRC funds amounting to RM42 million.
The Pekan MP was charged with committing the offences at AmIslamic Bank Bhd at Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between Aug 17, 2011, and Feb 10, 2015.
Najib withdrew the suit against Ling in 2017 over claims that he had “taken the people’s money” in an RM2.6 billion donation issue.
The hearing will continue before judge Mohd Nazlan Mohd Ghazali.
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