KUALA LUMPUR, June 4 – There was no evidence to show that Datuk Seri Najib Tun Razak was involved in the premeditated plan which caused RM42 million to be taken out from SRC International Sdn Bhd in 2014 and 2015, the High Court today heard.
Lawyer Farhan Read, one of the lawyers in Najib’s defence team said, on the contrary, the evidence pointed to the fugitive businessman, Low Taek Jho or Jho Low.
“One instance was the reversal transaction of RM32 million which was taken under Jho Low’s behest and for his own interest as conceded by the case investigating officer.
“The RM10 million transfer (by Jho Low) to Najib’s account in February 2015 was to ensure that cheques issued by the accused did not bounce. The transaction was only undertaken as a result of matters arising on Feb 5 and Feb 6, 2015, and was only done because Jho Low needed to ensure the cheques being issued were not dishonoured,” said the lawyer.
Farhan made the submissions to rebut the prosecution’s submissions yesterday in relation to Najib’s abuse of position charge under the Malaysian Anti-Corruption Commission Act 2009.
During the prosecution stage of the trial, a prosecution witness, former AmBank Relationship Manager Joanna Yu Ging Ping told the court that Najib’s personal bank accounts were often overdrawn and the fugitive financier would take preventive measures to resolve the matter.
Farhan further submitted there was evidence by the investigating officer that the RM42 million did not come from the RM4 billion Retirement Fund Inc (KWAP) loans to SRC International.
“Therefore, there was no nexus between the decision made at the Cabinet meeting (to discuss the government guarantee for the loan) which led to the KWAP loans and the RM42 million.
“We would like to reiterate the actual or probable cause of the RM42 million was not proven. Apart from a testimony of a prosecution witness, Afidah Azwa Abdul Aziz, there was no evidence to show that Datuk Seri Najib acted as SRC International’s shadow director,” he said.
Afidah Azwa, a Ministry of Finance’s (MoF) strategic investment division deputy secretary, previously testified that SRC International is the ‘PM’s company’.
The defence also maintained Najib was unaware about the RM42 million originating from the Malaysian strategic development company entering his bank account and was under the impression it was an Arab donation.
“The prosecution’s question on why else would RM42 million leave SRC simply proved that the prosecution has failed to prove criminal breach of trust and the MACC’s charges beyond a reasonable doubt.
“No inference is capable. Conjecture does not provide the basis in law to overcome lack of proof,” Farhan said in closing his submission.
Najib is facing seven charges of misappropriating RM42 million in SRC International Sdn Bhd funds, comprising three counts of criminal breach of trust (CBT), three counts of money laundering and one count of abuse of position in relation to the SRC funds.
The hearing of the submission before Justice Mohd Nazlan Mohd Ghazali continues tomorrow.